Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

336 OBLIGATIONS
is deemed accepted and binding on the offerer when the
person does that thing, even if he is unaware of the offer.
22 Late acceptance or acceptance which does not comply
with the offer does not constitute acceptance.
It constitutes a new offer.
23 When the person to whom an offer is made rejects it, the
offerer is released in respect of that person.
24 A contract made with a person in bad faith in violation
of an exclusive offer may not be set up against the beneficiary
of the offer, subject to express provision of law.
This provision also applies to preference pacts, also
called promises of first option.
25 An external clause referred to in a contract binds the
parties.
However, if such a clause is not commonly used, it has
no effect unless the party invoking it proves that the other
party was aware of it when the contract was formed. This
provision is imperative.
26 Parties may bind themselves by contract immediately,
while withholding their agreement on certain points.
If there is no subsequent agreement on the reserved
points, the court settles them, taking account of the nature of
the matter and of usage.
// - Qualities of consent
27 Consent must be free and enlightened.
28 Consent is not valid if given by a person who is
incapable of discernment when he gives it.