Auclair v. Village of Brownsburg

Auclair v. Village of Brownsburg

Because the Municipal Code required that the contract for public works be passed and signed in the name of the corporation and the tender acceptance was conditional on execution of a formal notarial contract, no binding contract arose while the resolution remained unexecuted; accordingly the municipality lawfully rescinded its resolution and is not liable for damages.

Citation
[1948] SCR 478
Parties
Appellant / Plaintiff: J. A. Auclair; Respondent / Defendant: The Corporation of the Village of Brownsburg
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 June 1948
Procedural Posture
Civil Appeal / Appeal to the Supreme Court of Canada From Court of King's Bench, Province of Quebec
Outcome
Appeal dismissed with costs; judgment of Court of King's Bench restoring its dismissal of appellant's claim.
Legal Topics
Tender and Acceptance, Formation of Contract, Rescission of Acceptance, Damages for Breach
Source Language
English
Municipal Law Contract Law Civil Remedies Tender and Acceptance Formation of Contract Rescission of Acceptance Damages for Breach

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Parties

J. A. Auclair

Appellant / Plaintiff

The Corporation of the Village of Brownsburg

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal to the Supreme Court of Canada From Court of King's Bench, Province of Quebec

Legal Issues

  1. 1 Whether a municipal council resolution accepting a tender without execution of the formal notarial contract creates a binding contract
  2. 2 Whether rescission of the council's acceptance prior to execution of the required contract gives rise to damages
  3. 3 Whether variance between the tender and the council resolution prevents formation of a binding agreement

Ratio Decidendi

Because the Municipal Code required that the contract for public works be passed and signed in the name of the corporation and the tender acceptance was conditional on execution of a formal notarial contract, no binding contract arose while the resolution remained unexecuted; accordingly the municipality lawfully rescinded its resolution and is not liable for damages.

Court Disposition

Appeal dismissed with costs; judgment of Court of King's Bench restoring its dismissal of appellant's claim.

Orders

  • Appeal dismissed with costs
  • No damages awarded to appellant; prior Superior Court award set aside