Charlebois v. Baril

Charlebois v. Baril

The postal acceptance rule applies only where the offer itself was sent by post (thereby making the post office the offeror's agent); where the offer was communicated by other means, mailing an acceptance does not alone constitute communication unless actual receipt by the offeror or his agent is proved, and the offeree bears that burden.

Citation
[1928] SCR 88
Parties
Defendant/appellant: J. E. Charlebois; Plaintiff/respondent: L. S. Baril
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 May 1927
Procedural Posture
Contract (specific Performance) / Appeal to Supreme Court of Canada
Outcome
Appeal allowed; judgment of the Court of King’s Bench reversed; plaintiff granted conditional new trial if he pays defendant's costs of the appeals within one month, otherwise action dismissed.
Legal Topics
Offer and Acceptance, Postal Rule, Communication of Acceptance, Agency, Burden of Proof, Remittal for New Trial
Source Language
English
Contract Civil Procedure Evidence Offer and Acceptance Postal Rule Communication of Acceptance Agency Burden of Proof +1 more

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Parties

J. E. Charlebois

Defendant/appellant

L. S. Baril

Plaintiff/respondent

Procedural Posture

Contract (specific Performance) / Appeal to Supreme Court of Canada

Legal Issues

  1. 1 Whether mailing an acceptance constitutes communication where the original offer was not sent by post
  2. 2 Whether Magann v. Auger governs where offer was delivered by messenger
  3. 3 Whether the plaintiff proved actual receipt of the mailed acceptance by the defendant

Ratio Decidendi

The postal acceptance rule applies only where the offer itself was sent by post (thereby making the post office the offeror's agent); where the offer was communicated by other means, mailing an acceptance does not alone constitute communication unless actual receipt by the offeror or his agent is proved, and the offeree bears that burden.

Court Disposition

Appeal allowed; judgment of the Court of King’s Bench reversed; plaintiff granted conditional new trial if he pays defendant's costs of the appeals within one month, otherwise action dismissed.

Orders

  • Appeal allowed with costs.
  • Judgment of the Court of King’s Bench (Q.R. 43 K.B. 295) reversed.