Essential Elements of a Contract of Sale Under Kenya Sale of Goods Law

In general terms, the essential elements of a contract of sale are no different to the essential elements of any other contract. There must be contractual capacity and consensus, the agreement must be legal (not contrary to public policy), performance must be possible, and any formalities required by law must be complied with. The contract of sale does, however, have a number of additional substantive requirements (known as essentialia), which are assimilated into thegeneral contractual structure. Of course, like any contract, the requirement of consensus, or agreement, is the most important general element.