Law of Contracts

Mr. Sirma, a farmer in Uasin Gichu County, responded to an advertisement in The Standard Newspaper by Unga Millers Limited (UML). It stated that UML wanted to buy maize for their unga milling business. Mr Sirma indicated he had over 10,000 bags of 90 kilograms maize which he was willing to sell at a price of KShs. 5,000/- per bag. UML responded by saying that they were only willing to buy a maximum of 7,000 bags but at KShs. 4,000/- per bag and asked whether these bags could be delivered in batches of 1,000 bags per week against payment of each batch delivered. Mr. Sirma then responded stating that he was agreeable to selling 7,000 bags of his maize but for not less than KShs. 4,500/- per bag. After getting no response from UML over a week, he then sent an email to them stating that he had accepted their offer to buy his 7.000 bags of maize at KShs. 4,000/- per bag but he got no response to his emails.

Question

He has approached you to discuss whether he can file a case against UML seeking damages for breach of contract. Give him your written opinion and support the same with relevant authorities.