Shah, in response to an inquiry by Onyango regarding the possible sale of his (Shah‟s) car, wrote to Onyango stating, “I have decided to sell to you my car for$5,000. If I hear nothing from you before next Sunday, I will take it that you have accepted. “Onyango considered the price to be too high and decided to look for another car but forgot to reply to Shah‟s letter. Shah is now threatening to sue Onyango for breach of contract. AdviseOnyango

• This problem is based on communication of acceptance by the offeree. As a general rule silence does not amount to acceptance.
• In this case Shah‟s statement to Onyango to the effect that “I have decided to sell to you my car for $ 5,000” is an offer to which Onyango did not respond.
• This amounted to a rejection of Shah‟s offer. It therefore follows that Shah has no actionable claim against Onyango as there is no contract between them.
• My advice to Onyango is that there is no cause for alarm as Shah has no action against him.
• My advise is based on the decision in Felthouse V. Bindley whose facts were substantially similar.


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