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A contract of sale is a contract whereby the seller transfers or in an agreement agrees to transfer the property in the goods to the buyer for a money consideration called in other words as price. At times, there may be a contract of sale between one part owner and another, at…
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Answer when agreement does not furniture is included A contract of sale is a contract whereby the seller transfers or in an agreement agrees to transfer the property in the goods to the buyer for a money consideration called in other words as price. At times, there may be a contract of sale between one part owner and another, at other times it may be conditional or absolute. In addition, where under a contract of sale, the transfer of the property in the goods is under the agreement said to take place in the future or after some conditions are met, the contract is said to be an agreement to sell (Jentz, Clarkson, Miller and Cross 37).
There is a contract that exists between Standard Storage Company and Tri-county Investment Corporation of the transaction of the sale of the mentioned warehouse. The contract is quite clear in all its elements and further mentions clearly that there is a lot of silence about the office furniture. Therefore, any disagreement should never arise on whether office furniture is included in the sale as the contract goes ahead to mention that the document, which is the contract itself, supersedes any agreement made before or after the contract of sale. Hence, all the emails that the parties exchanged regarding the mention of the furniture as part of the sale are declared null and void, as this is not stated in the binding document that is the contract of sale. The contract of sale of goods demands that there be a detailed description of the goods or property being sold, their serial number and any other data applicable. Therefore, the seller is obligated to ensure that the goods or property they are selling is free from liens claims, encumbrances, or restrictions (Jentz, Clarkson, Miller and Cross 46).
2. Answer when agreement states furniture is included
In a contract to sale, the must exists the following requisites to enable its execution. There must be an agreement between the parties that is one party must be willing to sell and the other willing to buy. Secondly, a consideration must exists of which in our case is the price consideration hence the price of the goods or the properties must be well stated. Of course it is a common phenomenon that the parties willing to engage in the contract to sale must have the required contractual capacity hence competence to enter the agreement. The purpose of the contract must be legal in nature hence ability to pass the test of the law incase of any disagreement and the apparent consent of both the parties must be genuine and not a pretence. Finally, the agreement must be in whatever form as required by law. If the above contract to sale satisfies all the stated requisites then it will be said to be valid and enforceable by law hence should be undertaken since it is a binding agreement (Jentz, Clarkson, Miller and Cross 54-68).
The contract to sale in the second case between the two companies that now indicates that the furniture is part of the sale makes the furniture be part of the sale but the bit that does not specify the consideration renders the contract voidable (Jentz, Clarkson, Miller and Cross 83). Hence, unenforceable until interpreted by the courts to give the intent and its effects of the parties as expressed in the agreement. The courts in their ruling of the matter will ascertain intent through the words used by the parties in the agreement, their actions, and the circumstances surrounding the agreement.
Works Cited
Jentz, Gaylord A., Kenneth W. Clarkson, Roger LeRoy Miller, and Malber Cross. Wests business law. Alternate UCC comprehensive ed., 2nd ed. St. Paul, Minn.: West Pub. Co., 1984. Print. Read More
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