Get premium membership and access questions with answers, video lessons as well as revision papers.
Acceptance if the external manifestation of assent by the offeree. Acceptance of an
offer may be oral, written or implied from conduct of the offeree. Once an offer is
accepted an agreement arises between the parties. It is generally true to say that a
contract cannot arise until acceptance is communicated to the offeror.
(a) Where no method of communication is prescribed the method applicable depends on
the type of offer and the circumstances in which the offer is made.
(b) As a general rule, silence does not amount to acceptance as was held in
Felthouse V.Bindley.
(c) Where parties negotiate by word of mouth in each others presence, acceptance
is deemed complete when the offeror hears the word of acceptance from the offeree.
It was so held in Entores Ltd V. Miles Far East Corporation Ltd.
(d) Where parties negotiate by telephone, acceptance is deemed complete when the offeror
hears the words of acceptance. It was so held in Entores Ltd V. Miles Far
East Corporation Ltd.
(e) Where parties negotiate by telex, acceptance is deemed complete when the
message of acceptance is received by the offeror. It was so held in Entores Ltd V. Miles
Far East Corporation Ltd.
(f) Where the offeror expressly or impliedly authorizes the offeree to communicate
acceptance by post, acceptance is deemed complete when the letter of acceptance is
posted, whether it reaches its destination or not. It was so held in Byrne V.
VanTienhoven. The decision in Henthorn V. Fraser illustrates the postal rule of
acceptance where the offeror impliedly authorizes the offeree to communicate
acceptance by post.
(g) However, a contract could arise without any communication of acceptance by
the offeree, for example:
(i) Where such communication is expressly or impliedly walved by the offeror.
As was the case in Carlill V. Carbolic Smoke Ball Co. Ltd.
(ii) Where acceptance is by conduct as was the case in Carlills case.
maurice.mutuku answered the question on May 1, 2018 at 13:54
- S sells a car to P. The agreement contains the following clause; “since the car is sold
cheaply, on no condition or warranty that the car...(Solved)
S sells a car to P. the agreement contains the following clause; “since the car is sold
cheaply, on no condition or warranty that the car is roadworthy is given.” The car fails
to move from the show room. S insists a legitimate deal has been concluded. Advise P.
Date posted: May 1, 2018. Answers (1)
- What is delegated legislation? What are the advantages and disadvantages of delegated legislation
as a source of law of Kenya?(Solved)
What is delegated legislation? What are the advantages and disadvantages of delegated legislation
as a source of law of Kenya?
Date posted: May 1, 2018. Answers (1)
- Section 28 of the Accountants Act (Cap 531) identifies acts and omissions, which
constitute professional misconduct by a certified public accountant. Enumerate the
salient commissions and omissions...(Solved)
Section 28 of the Accountants Act (Cap 531) identifies acts and omissions, which
constitute professional misconduct by a certified public accountant. Enumerate the
salient commissions and omissions which constitute professional misconduct.
Date posted: May 1, 2018. Answers (1)
- A agreed with B that B would buy from him ten tones of sugar. The sugar was described
to be stored in a go down in...(Solved)
A agreed with B that B would buy from him ten tones of sugar. The sugar was described
to be stored in a go down in Nyeri. Subsequent to the agreement, the following facts
have come to light:
(i) That when the agreement was being concluded, B held a gun in his hands and
A could see the gun.
(ii) That the goods were destroyed by fire a day after the contract was concluded.
(iii) That B was infact a minor.
Discuss the legal position.
Date posted: May 1, 2018. Answers (1)
- How may a contract that has been validly concluded be otherwise declared
unenforceable?(Solved)
How may a contract that has been validly concluded be otherwise declared
unenforceable?
Date posted: May 1, 2018. Answers (1)
- 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...(Solved)
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.
Date posted: May 1, 2018. Answers (1)
- Write short notes on parties to an insurance contract.(Solved)
Write short notes on parties to an insurance contract.
Date posted: May 1, 2018. Answers (1)
- Write short notes on cover note.(Solved)
Write short notes on cover note.
Date posted: May 1, 2018. Answers (1)
- Mokua married Kemunto in 1970. Both have lived happily with their son Joash until
Mokua died in a tragic road accident in November 1991. Unfortunately Mokua...(Solved)
Mokua married Kemunto in 1970. Both have lived happily with their son Joash until
Mokua died in a tragic road accident in November 1991. Unfortunately Mokua had not
made a will in respect of all his free property. Kemunto does not know her rights over
the property left by her husband. She comes to you for advice.
Advice her.
Would you advice be different if they had no child?
Date posted: May 1, 2018. Answers (1)
- In what circumstance will a gift in contemplating of death be defeated?(Solved)
In what circumstance will a gift in contemplating of death be defeated?
Date posted: May 1, 2018. Answers (1)
- Examine the rights and duties of a holder of a bill of exchange.(Solved)
Examine the rights and duties of a holder of a bill of exchange.
Date posted: May 1, 2018. Answers (1)
- What is a holder in due course and how does he differ from a holder for value?(Solved)
What is a holder in due course and how does he differ from a holder for value?
Date posted: May 1, 2018. Answers (1)
- In what circumstances may the High court set aside an arbitral award?(Solved)
In what circumstances may the High court set aside an arbitral award?
Date posted: May 1, 2018. Answers (1)
- Explain the ways in which arbitral tribunals may be appointed.(Solved)
Explain the ways in which arbitral tribunals may be appointed.
Date posted: May 1, 2018. Answers (1)
- Explain what is meant by Obiter dicta.(Solved)
Explain what is meant by Obiter dicta.
Date posted: May 1, 2018. Answers (1)
- What is meant by "Ratio decidendi?".(Solved)
What is meant by "Ratio decidendi?".
Date posted: May 1, 2018. Answers (1)
- What is the importance of stare decisis in the doctrine of precedent?(Solved)
What is the importance of stare decisis in the doctrine of precedent?
Date posted: May 1, 2018. Answers (1)
- Explain the legal principles applicable where F cut down the branches of a mango tree belonging to G, his neighbour, which
had extended to his land....(Solved)
Explain the legal principles applicable where F cut down the branches of a mango tree belonging to G, his neighbour, which
had extended to his land. He picked the ripe mangoes from the fallen branches
and gave all of them to children in his vicinity.
Date posted: May 1, 2018. Answers (1)
- Explain the legal principles applicable where H posted a poster on D's wall advertising a disco-dance competition
meant for raising funds for a local charity.(Solved)
Explain the legal principles applicable where H posted a poster on D's wall advertising a disco-dance competition
meant for raising funds for a local charity.
Date posted: May 1, 2018. Answers (1)
- Explain the legal principles applicable where B entered into C's land to recover a time rabbit which belonged to B's children.(Solved)
Explain the legal principles applicable where B entered into C's land to recover a time rabbit which belonged to B's children.
Date posted: May 1, 2018. Answers (1)