(a) An offer is a promise which when accepted constitutes an agreement. It may be terminated by revocation, counter offer, or lapsing. Discuss four ways in which an offer could lapse (4 marks)
(b) The general rule is that silence cannot constitute a misrepresentation. A party to a contract is therefore under no duty to disclose all material facts.
Explain the exceptions to this rule. (8 marks)
(c) Peter Manu a manufacturer, entered into a contract to make 10,000 candles for Paul Mwadali, a wholesaler. Paul issued an order to Peter for the supply of the candles. Subsequently, there was a major power blackout which lasted for three days thereby affecting the operations at Peter Manu’s processing plant. In addition, Peter Manu’s machine broke down due to the power blackout after he had made 8,000 candles. Peter has submitted a claim to Paul for payment for the 8,000 candles. Paul has refused to pay Peter on the grounds that the contract is not fully executed.
Explain the legal principles applicable in the case and advise Peter Manu. (8 marks)
For a custom-written paper on the above topic, place your order now!
What We Offer
• On-time delivery guarantee
• PhD-level professionals
• Automatic plagiarism check
• 100% money-back guarantee
• 100% Privacy and Confidentiality
• High Quality custom-written papers
