- 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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