Help: Contract law

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aviator

Village Elder
#1
Kindly help me with this hypothetical case.

Kisumu Fish Processers (KFP) place an advert on Monday Nation Newspaper that they are selling fish at 50 bob per kg. They give an MPesa number where payments for orders can ne made, and promise to deliver within 24 hrs. Kamau, a broker, seizes the opportunity and approaches Osiepe with a proposition that he can supply fish for 400 bob a kilo. They sign a contract for 50 kilos to be delivered by close of day Tuesday, and Osiepe pay a 50% downpayment. Kamau sends KFP 2500 bob and calls to confirm his order of 50kgs. He is told that the price in the advert was an error, and should have been 500 bob a kilo. He gets furious and asks for a refund. KFL agree to refund, but insist it will be done within a week.

Kamau goes to Osiepe and explains that he is unable to supply, and offers to refund the money he received. Osiepe insist that Kamau should deliver the fish, else they will sue for breach and seek damages for lost profit.

1. Can Kamau sue KFP?
2. Can Osiepe get a ruling compelling Kamau to pay them for lost profit?
3. Can Kamau cite frustration in his defense?

Sandeni.
 

ombudsman

Village Elder
#5
VITIATING FACTORS TO A CONTRACT.
1. mistake - A statement of fact which is false. Since there was a error when the company was quoting its selling price. That renders the whole process null and void.
 

aviator

Village Elder
#6
But a contract was entered when KFP received Money from Kamau. Kamau wasn't aware of the error, and made commitments based on the company's invitation to offer.
 

ombudsman

Village Elder
#7
But that doesn't hide the fact that there was a mistake. Kamau can only sue FKP for him to be refunded immediately since there is no contract btn them.
 
#8
yeap...a mistake was made by Fkp..

ombudsman is right.
aviator...tafta watoto wa cpa 1...utapata notes za contract law...with enough precedences...utaelewa what you are asking.
 
#9
yeap...a mistake was made by Fkp..

ombudsman is right.
aviator...tafta watoto wa cpa 1...utapata notes za contract law...with enough precedences...utaelewa what you are asking.
 
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