The use of the word “option,” that is, a right contrary to the obligation to provide, did not help the applicant, who was still too uncertain to apply. The Court of Appeal also found that the word “reasonable” had been used to dictate how the parties should reach an agreement and not to compel them to a reasonable period of time. In addition, the factors identified by the applicant to assist the Tribunal in assessing the period were all economic factors that the parties, not the Tribunal, had to consider in their hearings. Therefore, even if the deadline had required the parties to agree on an appropriate extension, this would not have been applicable in the absence of an objective reference criterion in the GSO (or in the completion of the initial period) until the extension period would be set. however, the original contract is incomplete because essential elements governing the contractual relationship have not been settled or agreed upon; or the contract is too general or uncertain to be valid in itself and depends on the conclusion of a formal contract; or the understanding or intent of the parties, even if there is no uncertainty as to the terms of their agreement, that their legal obligations are deferred until a formal contract has been approved and executed, the initial or provisional agreement cannot constitute an enforceable contract. In other words, in such circumstances, the “clearance contract” is not a contract at all. The execution of the proposed form document is not only conceived as a solemn protocol or a monument to an already comprehensive and binding contract, but it is essential to the drafting of the contract itself. (Bawitko Investments Ltd. v. Kernels Popcorn Ltd., 1991 CanLII 2734 page 12-13.) At first, it seems paradoxical: how can a party know what it will accept in the future if it does not know what it is prepared to do now? However, some trade agreements contain elements that should be negotiated at a later date. In particular, price and logistics clauses cannot be agreed immediately and require additional time to negotiate. Some common agreements, which can be considered agreements to be concluded, are directors of agreements or declarations of intent. (i) unworkable undertakings or rights resulting from the parties` postponement of their contractual terms agreement (both parties are free to agree or disagree) and that an appels court did not agree with this aspect of the judgment, finding that the violation was not an agreement, but a negotiation agreement and that the negotiations had not been concluded.
, the terms of the agreement were not met.