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Lesson Summary. A contract is a legal agreement between two or more parties in which they agree to each other's rights and responsibilities. Offer, acceptance, awareness, consideration, and capacity are the five elements of an enforceable contract.
Elements of a sales agreement Description of goods, services, or property being purchased. Payment amount, dates, and method. Liability of each party in the case of loss, damage, or delivery failure. Ownership information, such as when ownership formally transfers to the buyer.
In order to satisfy the Statute of Frauds, the written instrument or memorandum must contain all of the following elements: The identity of the parties to the agreement. Identification of the subject matter of the agreement. The terms and conditions of the agreement. Identification of the consideration.
A contract must be signed by both parties involved in the purchase and sale of a property to be legally enforceable. All parties signing must be of legal age and must enter into the contract voluntarily, not by force, to be enforceable.
These terms can include the price of the good to be sold, the quantity of the good, the method of delivery, and time of delivery. Importantly, the good or service that is being offered must be available to exchange. The seller must have the legal authority to transfer the item or service to the buyer.
Terms of sale, explained also as the cost, amount, and distribution terms regarding a sale, are essential to a fair deal. They explain, in detail, the exact agreement for a sale: cost, amount, delivery, payment method, payment timing, trade credit, credit terms, and more.
In Indiana, the general rule is that both oral and written contracts may be enforced; provided, however, certain types of contracts must be in writing to be enforceable.