Problem:
When the parties' marriage broke down, they negotiated the resolution of a number of issues. One matter involved civil litigation in China related to the wife's leasing of a property in China that was in the husband's name. The husband demanded that an indemnity clause be included in the settlement agreement. The wife proposed a clause agreeable to her. The husband responded by sending a revised clause. When the wife did not reply, the husband indicated that he would accept the indemnity clause proposed by the wife. The wife then said that she would not agree to an indemnity clause. Is the wife bound by the indemnity clause she originally proposed? Explain your answer.