David Kama wrote to Lotha Muwe offering to sell his home. In the letter, David Kama advised Lotha Muwe to inform his (Lotha Muwe’s) wife, Nicole Nyambura, about his acceptance or rejection of the offer. Lotha Muwe wrote to David Kama accepting the offer without informing Nicole Nyambura. Explain whether an agreement exists between David Kama and Lotha Muwe.

An agreement does not exist between David Kama and Lotha Muwe because of the following:-

  • Acceptance must be in the prescribed form. In this case the offeror clearly stated Lotha Muwe was to signify his acceptance by calling Nicole Nyambura
  • Lotha Muwe did not call Nicole Nyambura but instead wrote to David Kama.
  • Where an offeror specifies the manner in which acceptance must be communicated the offeror must comply
  • Acceptance must be communicated to the offeror for an agreement to exist.
  • There is therefore no valid agreement or contract as the case may be between David Kama and Lotha Muwe
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