agreement to sell for A and an agreement to buy for. Free Consent, parties who are competent to, contract. When the complaining party provides proof that all of these elements occurred, that party meets its burden of making a prima facie case that a contract existed. Example, x agrees to sell his car to Y for. Balfour (1919) Ref: case Law: Balfour. Unless there is an offer from one party and it is accepted by other, no agreement can arise. Certainty of meaning and possibility of performance: The meaning of the agreement must be certain, otherwise the agreement will not be enforceable bylaw. A proposal, when accepted, becomes a promise.
It refers to an absolute sale,.g., an outright sale on a counter in a shop. If the contract involves a sale of goods (i.e. Where it is biography of Golda Mier to be in writing, it must comply with the necessary legal formalities as to writing, stamping, registration and attestation. Intention to create Legal Relationship: There should be an intention on the part of the parties to the agreement to create a legal relationship. It may be mentioned that sale of immovable property is governed by the Transfer of Property Act, Price : The consideration for a contract of sale must be money consideration called the price. When a party files a suit claiming a breach of contract, the first question the judge must answer is whether a contract existed between the parties. Contract, act is the Philosophy of all Commercial laws. 'Actionable claims' means claims which can be enforced by a legal action or a suit,.g., a book debt (i.e., a debt evidence by an entry by the creditor in his Account Book or Bahi). An agreement cannot turn into a contract unless it can be enforceable by Law.