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Inspector Sniff offered a reward to anyone who would assist in giving information that could lead to the arrest and subsequent conviction of Rastara, a “most...

      

Inspector Sniff offered a reward to anyone who would assist in giving information that could
lead to the arrest and subsequent conviction of Rastara, a “most wanted carjacker” in
the city. The reward of Sh. 100,000 was advertised in the local dailies. Ole
Ndume who did not know of the reward volunteered information to Inspector Sniff
and Rastara was arrested and convicted. However, Inspector Sniff did not give Ole
Ndume the reward. It is now three months since the arrest and Ole Ndume has learnt
of the reward. He seeks your legal advice on whether he can successfully claim the
reward.
Advice Ole Ndume.

  

Answers


Maurice
This problem is based on acceptance of offers by the offeree. In this case Inspector Sniff
made the offer to any one who volunteered the requisite information.

It is clear that Ole dume gave the information while unaware of the reward, which means
that he was not actually accepting the offer as he gave information for a different reason.

My advise to Ole dume is that he cannot successfully claim the reward.
This is because one of the Cardinal Principles of acceptance is that the offeree must have been aware of and intended to accept the offer that is, Ole dume must have been aware of the reward and given the information so as to claim it.

In this case there is no Consensus ad idem between Inspector Sniff and Ole dume.

My advise is based on the decision in Crown V. Clark whose facts were substantially similar.
maurice.mutuku answered the question on April 25, 2018 at 07:48


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