In today’s episode, we discuss what makes a valid contract between a buyer and the seller when both parties disagree on the sale of goods.

I’m a businessman and I trade in electronics. A friend placed an order and asked to pay in two instalments to be made two weeks apart when we were catching drinks at my favourite local. My friend, now client, had paid Kshs. 35,000 as the deposit. On the agreed date, I sent my brother with the TV to deliver and collect the balance. He has then ignored my calls from that day despite our prior communication, he didn’t respond till 9:30 pm. He said he was busy and that I have overpriced the TV compared to other vendors like Jumia. He has not been communicating on the way forward. He has since blocked me. I have all our communication, the address of his home, and proof of payment. I want my money since this was a business transaction and not a friendship. The TV cost Kshs. 70,000. How can I get my money?

Research by Barasa Wanjala (barasa@swalanyeti.org)