Question

Ali and Bob graduated from Kenyatta University in 2010. Ali set up a mobile phone business in Nairobi. Bob established a poultry business in Kisumu. As part of his strategy to develop his business, Bob has contracted farmers who rear chicken and supply him with eggs which he sells in Nairobi. In January 2011, Bob expressed an intention to acquire several pieces of cell phones from Ali to be supplied to the farmers for ease of communication. Ali informed him that he could avail them for Ksh. 5,000 apiece. On 2nd February Bob did text Ali on his cell phone and stated that he would be willing to purchase the phones at the stated price. Ali’s phone was stolen just before the message was received. In the meantime, not having heard from Bob he sold the phones to Chali.

Advice Bob on the legal rights, if any, that he may have against Ali and Chali.
Discuss the remedies available where a breach of contract is proved.

Answer 1

Bob does not have an legal rights because he and Ali did not sign any contract on purchasing the phones on a certain date. Ali did not hear of him since her phone was stolen right before he sent her a message. Ali could not have known if Bob was going to purchase phones. Ali also thought that Bob wouldn’t buy the phones because some time has passed, they both talked in January about his intentions of buying phones for his farmers, he had intentions but wasn’t decided on buying, as the time had passed and Bob had texted Ali that he would want the phones, Ali’s phone was stolen and she did not have any motive to not sell the phones to Bob.