VIC Calderbank Offer - No Reply

[Mrae]

Hi,

I've been trying to find the answer to this question but unable to find anything besides a clear rejection on a Calderbank offer. We are trying to get out of a contract and have sent a Calderbank offer, offering some of the deposit but not all, and provided a date for a response. Their side has yet to respond within the time listed in the letter, and now are not responding to calls or further emails. What happens in cases like this where they don't clearly respond to a Calderbank offer? Apologises, I am bad at explaining and ignorant on the subject. Any help would be greatly appreciated.

Thanks

 

[Rob Legat - SBPL]

I'll assume this is a properly made Calderbank offer - they're quite technical in terms of their proper use and content.

If you've clearly stated the offer lapses, then it's gone (but a further offer can be made to 'revive' it). If not, then it remains open until either rejected, revoked, replaced, or clearly frustrated such that it is unable to be accepted.

If they're simply not responding, that doesn't mean anything of its own accord. Calderbank offers, and any lack of response, will only factor into an argument over legal costs.

 

[Tim W]

It further assumes that there is no breach in play,
and that if there is, that you are not the party in breach.
A party is not required to merely consent to release the other party just because the other party wants out.

What makes you think that what you're doing is actually a Calderbank offer,
and not a mere offer of settlement?

 

[Poidah]

Offer of settlement using the UCPR guidelines is better if you have the 28 days and are able to follow the required guidelines.