02.11.06
What’s the Deal?
Rule 49.09 deals with non-compliance with an accepted offer of settlement. It says an aggrieved party has an option of seeking judgment on the accepted offer or continuing with the proceeding as though there had been no settlement. In Gianopoulos v. Olga Management Limited, the Court of Appeal stated, however, that the rule “is procedural in nature and does not change the substantive law on the breach of contract.” But doesn’t it, though? Doesn’t it give an option to rescind in the event of breach? The rules varies the common law in other ways, too. It says that a rejected offer may be subsequently accepted if it has not been withdrawn. Should there be an amendment to the Courts of Justice Act to give muscle to the rule?