Making a Sale Agreement Under The Kenya Sale of Goods Law

Under the Kenya Sale of goods law, the parties must be in agreement that the object of the contract is to purchase and to sell the res concerned, for the price agreed upon, andthat the seller will (usually) ensure the transfer of possession and/or ownership of the res to the buyer.The general principles relating to consensus in purchase and sale are the same as those pertaining to other multilateral consensual contracts.

The relevant points may be summarised as follows:
*.There must be an agreement of the minds of the parties, mutually communicated, usually by means of offer and acceptance.
*.The parties must act with the intention of contracting a sale. there must be aconcursus animorum animo contrahendi.
*.The agreement should be free from mistakeor error, and should not have been induced wrongfully by misrepresentation, duress or undue influence.
*.The agreement should be legal and satisfy the dictates of public policy.
*.The agreement should be rational. It cannottherefore exist in cases of extreme youth, irrational intoxication or insanity.In sales in particular, there must be agreement as to:
*.the subject matter of the sale and its essential characteristics;
*.the price to be paid; and
*.any other item raised in the negotiations and expressly or impliedly regarded as material.