Acceptance is the external manifestation of assent by the offeree. By accepting an offer the
offeree creates an agreement between the parties.
As a general rule acceptance must be communicated to the offeror. Silence does not as a
general rule amount to acceptance. It was so held in Felthouse V. Bindley.
However, in certain circumstances acceptance need not be communicated for an agreement
to arise between the parties. For example if the offeror expressly or impliedly waives the
communication. As was the case in Carlill V. Carbolic Smoke Ball Co. (1893). Where Mrs.
Carlill was not bound to communicate the purchase and consumption of the smoke balls.
Secondly, where acceptance is by conduct. As was the case in Carlill V. Carbolic Smoke
BallCo. Ltd.
An offer need not be communicated if it is by conduct e.g public transport
maurice.mutuku answered the question on May 2, 2018 at 07:51
- What is the significance of rule of law in a country?(Solved)
What is the significance of rule of law in a country?
Date posted: May 2, 2018. Answers (1)
- Outline the various ways in which the independence of the judiciary may be achieved
and maintained in a country.(Solved)
Outline the various ways in which the independence of the judiciary may be achieved
and maintained in a country.
Date posted: May 2, 2018. Answers (1)
- Distinguish between bilateral and unilateral discharge of contract.(Solved)
Distinguish between bilateral and unilateral discharge of contract.
Date posted: May 2, 2018. Answers (1)
- With the aid of decided cases explain the salient rules of consideration.(Solved)
With the aid of decided cases explain the salient rules of consideration.
Date posted: May 2, 2018. Answers (1)
- “The office of the chief justice is a critical office in the judiciary of a country” Discuss(Solved)
“The office of the chief justice is a critical office in the judiciary of a country” Discuss
Date posted: May 2, 2018. Answers (1)
- Write explanatory notes on "Private Bill"(Solved)
Write explanatory notes on "Private Bill"
Date posted: May 2, 2018. Answers (1)
- Write explanatory notes on "Public Bill"(Solved)
Write explanatory notes on "Public Bill"
Date posted: May 2, 2018. Answers (1)
- Write short notes on "Private members bill"(Solved)
Write short notes on "Private members bill"
Date posted: May 2, 2018. Answers (1)
- Write explanatory notes on "Government Bill"(Solved)
Write explanatory notes on "Government Bill"
Date posted: May 2, 2018. Answers (1)
- Write explanatory notes on "Option"(Solved)
Write explanatory notes on "Option"
Date posted: May 2, 2018. Answers (1)
- “A belated notice of an exemption clause has not legal effect on a contract” Discuss.(Solved)
“A belated notice of an exemption clause has not legal effect on a contract” Discuss.
Date posted: May 2, 2018. Answers (1)
- How are the rights of the parties adjusted following frustration of their contract?(Solved)
How are the rights of the parties adjusted following frustration of their contract?
Date posted: May 2, 2018. Answers (1)
- How may a contract be discharged by frustration?(Solved)
How may a contract be discharged by frustration?
Date posted: May 2, 2018. Answers (1)
- How may a contract be discharged by Breach?(Solved)
How may a contract be discharged by Breach?
Date posted: May 1, 2018. Answers (1)
- A builds a factory for the manufacture of chemical called synoyd. After the factory is
completed and becomes operation, it turns out that it emits a...(Solved)
A builds a factory for the manufacture of chemical called synoyd. After the factory is
completed and becomes operation, it turns out that it emits a lot of fumes which in
themselves are a nuisance to A's neighbours. What is worse, it has also
transpired that when it rains, the fumes after mixing with the rain-water produce a
substance that is destroying fish in the nearby lake. As neighbours are unhappy and wish
to sue him.
Advise them.
Date posted: May 1, 2018. Answers (1)
- Describe the rule in Rylands V. Feltcher. What defences are available to it?(Solved)
Describe the rule in Rylands V. Feltcher. What defences are available to it?
Date posted: May 1, 2018. Answers (1)
- What is meant by the phrase “contract uberrimae fides?"(Solved)
What is meant by the phrase “contract uberrimae fides?"
Date posted: May 1, 2018. Answers (1)
- To what extent is it true that a contract does not arise until acceptance is communicated
to the offeror?(Solved)
To what extent is it true that a contract does not arise until acceptance is communicated
to the offeror?
Date posted: May 1, 2018. Answers (1)
- 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)