What is the test for making an identical offer to a party with the same identical offer?

Saskatchewan, Canada


The following excerpt is from Clark v. Barrick, 1948 CanLII 140 (SK CA):

In Dunlop v. Higgins (1848) 1 HL Cas 381, 9 ER 805, the Lord Chancellor says: “The defendant must be considered at law as making, during every instant of the time their letter was travelling, the same identical offer to the plaintiff and then the contract is completed by the acceptance of it by the latter.”

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