Kariuki entered sunset supermarket, picked up one of the wire baskets provided and filled it with groceries from the shelves. As he was approaching the cashier...

      

Kariuki entered sunset supermarket, picked up one of the wire baskets provided and
filled it with groceries from the shelves. As he was approaching the cashier he realized
that his purse had been stolen and decided to replace the goods on the shelve. The
manager of the supermarket who had been observing Kariuki's movements
instructed one of his assistants to approach Kariuki and tell him that the goods had
been sold and he could not replace them on the shelves. Advise Kariuki.

  

Answers


Maurice
This problem is based on revocation of offers.

In this case Kariuki made an offer by conduct by picking the goods from the shelves.
However, since the offer had not been accepted by the time he realized that his wallet had
been stolen, he was at liberty to revoke the offer in the manner he purportedly did.
The shop assistant has no business questioning his conduct as his offer had not been
accepted.

My advise to Kariuki is that there is no cause for alarm as he is under no legal obligation to
purchase the goods in question.

Having revoked the offer he is free from liability.

My advise is based on the decision in Dickinson V. Dodds which is authoritative for the
proposition that an offer is revocable at any time before it is effectively accepted.
maurice.mutuku answered the question on May 1, 2018 at 12:25


Next: Write short notes on parties to an insurance contract.
Previous: How may a contract that has been validly concluded be otherwise declared unenforceable?

View More CPA Commercial Law Questions and Answers | Return to Questions Index


Exams With Marking Schemes

Related Questions