Deal or no deal? A concise guide to negotiating contracts while minimizing the risk of disputes

Parties negotiating contracts frequently litigate whether they have a binding agreement. This guide provides advice to clients negotiating contracts to help you minimize the risk of disputes, in addition to highlighting actions or inactions that could put you at risk of inadvertently entering into an agreement. This risk is brought home by a recent Saskatchewan decision in which the Court held that one party had entered into a binding contract by responding to a text message with a thumbs up emoji.

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About Don Macintosh

Don (He/Him/His) practises corporate and commercial law, specializing in mergers and acquisitions, venture capital transactions, joint ventures, and outsourcings. In addition, Don works extensively with numerous public and private companies (including entrepreneurial and start-up companies) advising them on business strategy, corporate governance and various day-to-day commercial law matters.

About Ben Iscoe

Ben Iscoe is a partner in the Toronto office’s Corporate, Securities and Corporate Finance, and Mergers and Acquisitions groups. Ben has a broad corporate/commercial law practice, with particular focus on securities transactions – including initial public offerings and reverse takeovers, mergers, acquisitions, and corporate finance matters.

About Chloe Snider

Chloe Snider is a partner in Dentons’ Litigation and Dispute Resolution and Transformative Technologies groups. Her practice focuses on litigating complex commercial disputes and assisting clients manage risk. She is a strategic and critical legal thinker who works efficiently to develop practical solutions for her clients.

About Camila Maldi

Camila Maldi (She/Her/Hers) is an associate in the Litigation & Dispute Resolution and Competition and Antitrust groups at Dentons.