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2.1a No intention to offer

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There is no offer, legally speaking, if there is no intention to make an offer. For example, you might tell a friend that your car would be ideally suited to his business needs. You might tell him that it’s the right size, is easy to handle, and reliable. He might even agree. However, that does not necessarily mean that you offered to give or sell your car to that friend. In your mind, you were making a passing comment. All you were intending to communicate is that your friend might wish to acquire a car like the one you have.

Therefore, when determining whether an offer has been made, the law takes the offeror’s intention into account. To determine whether an offer actually occurred, the law considers what was actually in the offeror’s mind. Where there is no intention to offer, there is no offer at law.

Canadian Business Contracts Handbook

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