Is a sale of goods agreement legally required in Kenya?
Not always — oral contracts of sale are valid for smaller transactions. However, a written agreement is strongly recommended for goods of significant value. The Sale of Goods Act (Cap. 31) governs the sale of personal property in Kenya and implies certain terms into sale contracts (title, fitness for purpose, satisfactory quality).
What does the Sale of Goods Act imply into a sale contract in Kenya?
The Sale of Goods Act (Cap. 31) implies: (1) the seller has title to sell the goods, (2) the goods match their description, (3) goods sold by sample match the sample, and (4) goods are of merchantable quality and fit for the buyer's purpose (if the buyer made that purpose known). These terms apply even if not in the written agreement.
Is a sale of goods agreement valid in common law countries?
Yes. The Sale of Goods Act framework is common across the UK, Australia, Kenya, Nigeria, and other common law countries. The implied terms vary slightly between jurisdictions (e.g. the UK's Consumer Rights Act 2015 provides stronger consumer protections), but the core principles are consistent.