On 1st November 2022 Giogio Makali a maize farmer offered to sell his maize harvest totaling 2500, 90kg bags to XYZ Ltd a milling company at K.Shs.3,000/= per bag through email, which email indicated that the offer was to be accepted within seven days. The following day XYZ Ltd sent an email to Giogio asking whether the maize could be delivered to them in loads of 250 bags each over a period of one month. Giogio did not reply to this email and instead sold the maize to ABC Ltd another milling company on 5th November 2022. On 6th November 2022 XYZ Ltd sent an email to Giogio accepting the offer made on 1st November 2022 to which Giogio responded on 7th November 2022 stating that the maize had already been sold to another party. XYZ Ltd has approached you seeking advice as to whether they can sue Giogio to claim damages for breach of contract.
Provide a detailed written legal opinion to XYZ Ltd supported by relevant case law. (
Supporting your answer with relevant case law, briefly discuss the requirements for the creation of a contract and in doing so explain how the courts or judges approach the question of these requirements.