Legal Aspects of Business

Drafting a Sales contract

Submitted by: Group 5 Section C
Bhaveek Ostwal (19P132)
Divya Vardiyani (19P135)
Navdeep N (19P146)
Rishabh Bhardwaj (19P160)
Shalini Mittal (19P169)
Sumit Agarwal (19P174)
 Essential elements of a valid contract

• Intention to create legal relationship

• Lawful Object: Sale of German Shepherd is allowed in India.

• Agreement not expressly declared void

• Proper offer and its acceptance
• Free consent
• Capacity of parties to contract
• Certainty of meaning
• Possibility of performance
• Lawful consideration

• Legal formalities
 Essential elements of Sales of Goods
Act
• Two parties: Buyer and Seller
• Transfer of property (Ownership): From seller to buyer
• Subject matter must necessarily be goods: Movable property
• Price to be the Consideration of Contract of Sale: Sale for pirce
• Includes both a Sale and an Agreement to Sell: Agreement to sell
• No formalities to be Observed
 Seller’s Representation

• If circumstances occur where it becomes necessary to re-home the

dog, the breeder must first be notified and given an opportunity to take
back the dog either by purchase (in the case of selling on) or to home
it if it is in need of rescue.
• As the breeder is giving money back guarantee, the condition to pay
premium of Rs.10,000 by the purchaser, which is non-refundable, has
been agreed upon.

• The seller has the right to sue the buyer and claim for damages, if any
of the conditions is not met.
 Buyer’s Representation

• Owing to the condition laid down by the buyer, if the dog does not win prizes, the breeder
promises to return the whole money, provided the dog is kept in appropriate environment,
fed properly and not maltreated in anyway.

• The buyer has the right to sue the seller and claim for damages and refund of amount, if
any of the conditions is not met.
 Jurisdiction Clause

• In case of any dispute, the dispute will be addressed to the Sessions

Court of Delhi, subject to the pin code of the area of the seller.
Thank You