Correct. Sending a new draft along with a message saying "here are our revisions," is standard contract negotiation. You would have no case that the new terms were consented to.
It's amazing that you people are still arguing this in earnest so far down the thread. Can you think for a second what the implications of this would mean for society, if it were an acceptable form of "negotiation"? It would be even worse for the ordinary little people.
If you explicitly tell the other side that there are changes, sure.
But the comment I was referring to talked about "swapping" the papers and said "I doubt anyone would catch it". That does not sound like negotiating in good faith to me.
It's amazing that you people are still arguing this in earnest so far down the thread. Can you think for a second what the implications of this would mean for society, if it were an acceptable form of "negotiation"? It would be even worse for the ordinary little people.