What is the difference between an option and a right of preemption?

Nova Scotia, Canada


The following excerpt is from Mitsui & Co. (Canada) Ltd. v. Royal Bank of Canada, 1993 CanLII 9349 (NS SC):

In Brown v. Gould, [1972] Ch. 53, Megarry J. said at p. 58: Under an option, only one step is normally needed to constitute a contract, namely, the exercise of the option. Under a right of pre-emption, two steps will usually be necessary, the making of the offer in accordance with the right of pre-emption, and the acceptance of that offer. The failure to provide either a price or a formula for ascertaining the price is accordingly far more serious in the case of an option than under a pre-emption: he who exercises such an option may well be virtually signing a blank cheque, whereas he who is entitled to a right of pre-emption can at least refrain from accepting the grantor's offer if the price be too high.

Other Questions


What is the difference between the Charter and the Bill of Rights? (Nova Scotia, Canada)
What are the costs of a human rights case brought by an applicant who alleges that the Human Rights Commission treated him unfairly? (Nova Scotia, Canada)
What is the difference between the opinions in Tock v Fletcher and Rylands v Fletcher? (Nova Scotia, Canada)
What is the cost and delay of a new application in a different way than a streamlined, more cost-effective application? (Nova Scotia, Canada)
Does the rule against perpetuities apply to an option to purchase agreement? (Nova Scotia, Canada)
What is the difference between a motor vehicle accident and a lumbar strain? (Nova Scotia, Canada)
How has the Charter of Rights and Freedoms been interpreted? (Nova Scotia, Canada)
What is the difference between two law firms in a custody matter? (Nova Scotia, Canada)
Is a husband's right to inherit his wife’s share of his estate under a Will? (Nova Scotia, Canada)
Is there a difference between a trier of fact and a judge? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.