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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