Baker v. Smith

In Contracts, Fish Cases on (Updated )

This case involved an application for specific performance of a contract to whereby a purchaser would fish a vendor’s snow crab licence and purchase it when it became transferable. The Court of Appeal upheld the ruling of the trial judge refusing to enforce the contract for the following reasons:

There was no agreement or “meeting of the minds” on an essential term of the contract regarding the details of future employment of the purchaser by the vendor; and
The deal was subject to the parties entering into a written contract, which they failed to do.