Business/commercial law essay question and answers

Kariuki entered sunset supermarket, picked up one of the wire baskets provided and filled it with groceries from the shelves. As he was approaching the cashier he realized that his purse had been stolen and decided to replace the good on the shelve. The manager of the supermarket who had been observing Kariuki‟s movements instructed one of his assistants to approach Kariuki and tell him that the goods had been sold and he could not replace them on the shelves.

Advise Kariuki.

• This problem is based on revocation of offers.

• In this case Kariuki made an offer conduct picking the goods from the shelves. However, since the offer had not been accepted the time he realized that his wallet had been stolen, he was at liberty to revoke the offer in the manner he purportedly did.

• The shop assistant has no business questioning his conduct as his offer had not been accepted.

• My advise to Kariuki is that there is no cause for alarm as he is under no legal obligation to purchase the goods in question.

• Having revoked the offer he is free from liability

• My advise is based on the decision in Dickinson V. Dodds which is authoritative for the proposition that an offer is revocable at any time before it is effectively accepted.

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