Nakato could never have been able to afford any of the things she has. Her car, washing machine and cooker came from drinking beer or collecting soda bottle tops and checking them. She even has a book with all the radio stations and the shows where money and prizes can be won, and she has won from all of them!
Last month, a new radio station called Situka FM opened, and they promised a 43-inch flat-screen TV’ to their lucky winner who answered their ‘Situka prize question. Nakato, being the ‘pro’ that she is, kept calling until she won. The presenter asked for her personal details and told her to go to the station on Friday to collect her prize. It’s been two weeks, and Nakato keeps going there, but they tell her to wait. Finally, last Friday, she met the manager, and he told her that it was a joke.
Should Nakato give up on her prize and move on?
WHAT DOES THE LAW SAY?
When one person promises to do or give you something in exchange for you doing something, that person has made a contract with you. This is because a contract is made when two people make promises to each other and accept to fulfil those promises. For example, every day, you stop a boda boda at your home stage and promise to pay that rider 2,000 if he will take you up to your home. By accepting that 2,000 offer, the boda boda rider tells you he promises to take you up to your house for 2,000. If he drops you off before you reach and takes your 2,000, then he has broken his promise and in law, we say he has breached his contract.
Similarly, when a radio station announces that you will win a ‘prize’ if you do something and go ahead and do that thing, you will have entered a contract with that radio station, and they will be bound by their promise to you.
Here is why:
When the radio station makes that announcement asking you to do something to win their prize, they have made what is called ‘an offer’ in law. In this case, the radio presenter said that whoever answered the question correctly won a 43-inch flat screen tv. This amounts to an offer.
When you participate in that competition by doing what they asked you to do, in law we say you have ‘accepted’ that offer from the radio station. If you do not correctly answer the question, then you have not completed your part of the deal, and you do not deserve to receive what the other side promised.
However, if you answer correctly, it means you have fulfilled your part of the promise and the radio station should fulfil the promise they made to you when they made their announcement. For example, if the police announce that whoever helps them get a particular criminal suspect will be awarded 5M. If you see the suspect and you inform the police and the person is arrested, the police must give you the money.
Therefore, the Radio manager cannot turn around and claim that it was a joke or that Nakato is not part of the people he intended to communicate to. This is because the radio is a public platform, and the presenter did not limit who could answer the questions. The Radio must perform the obligations created in the contract by giving Nakato a car. Failure to do that is a breach and Nakato can successfully sue the Situka FM.
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Source: BarefootLawyers
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