Читать книгу Canadian Business Contracts Handbook - Nishan Swais - Страница 35

Despite the presence of offer, acceptance, and consideration, a contract may not be said to exist at law where mutuality is lacking. Mutuality means that there has to be a “meeting of the minds” by the persons involved in a transaction. Where mutuality is lacking, a contract will be deemed by a court to be void ab initio.

To return to our example: You offer to sell your car for $10,000 and the offeree accepts and pays you. However, instead of giving the offeree the car, you thank him for the monetary support of your “performance art” piece. The offeree looks at you as if you are from another planet. You explain that you weren’t really selling your car; instead, you were simply putting on a show for him and that his $10,000 donation was the equivalent of dropping money in a hat.

The situation is absurd, of course, but it illustrates what is meant by a lack of mutuality. Clearly, there was no meeting of the minds about what was really going on regarding the supposed sale of your car. In those circumstances, a court will find that no contract existed, despite the existence of offer, acceptance, and consideration.