Understanding the Unspoken Agreement and Essential Elements of Contract of Sale

In the world of legal contracts and agreements, there are various terms and concepts that may seem unfamiliar to many. Two such terms are « unspoken agreement » and « essential elements of the contract of sale. » Let’s dive into these topics and explore their significance in the legal realm.

What Does Unspoken Agreement Mean?

An unspoken agreement refers to a mutual understanding between two parties that is not explicitly stated or written down. It is often based on implied intentions or common understanding. While unspoken agreements are not legally enforceable like written contracts, they play a crucial role in many informal or personal relationships.

Essential Elements of the Contract of Sale

When it comes to the contract of sale, several key elements form its foundation. These elements are essential for a legally binding agreement between a buyer and a seller. They include:

  • An offer made by the seller to sell a specific product or service.
  • An acceptance of the offer by the buyer, creating a mutual agreement.
  • The presence of consideration, which refers to the exchange of something valuable (usually money) between the parties.
  • A clear intention of both parties to enter into a legal relationship.
  • The capacity of both parties to enter into the contract.
  • A lawful object that the contract is based upon.

These essential elements ensure that the contract of sale is valid and enforceable in a court of law.

Now, let’s explore a few related topics that are also worth mentioning:

Rental Agreement and Joint Ownership

When it comes to rental agreements, it is essential to have a clear and legally binding rental agreement form. This document outlines the terms and conditions of the rental, protecting both the landlord and the tenant. Additionally, in the case of joint ownership, where multiple individuals own a property together, a rent agreement should also consider the rights and responsibilities of each owner.

Severance Agreements and EEOC Challenges

The Equal Employment Opportunity Commission (EEOC) occasionally challenges severance agreements. These agreements are typically entered into when an employee leaves a company. The EEOC ensures that these agreements do not contain provisions that unlawfully restrict an employee’s rights or violate anti-discrimination laws.

Adhesion Contracts and Unconscionability

Adhesion contracts are standard form contracts that are drafted by one party and are presented to the other party on a « take it or leave it » basis. These contracts often contain terms that may be considered unfair or oppressive. The concept of unconscionability refers to situations where the terms of an adhesion contract are so one-sided and oppressive that they shock the conscience of the court.


Understanding the intricacies of legal agreements and contracts is vital for individuals and businesses alike. From comprehending the significance of an unspoken agreement to identifying the essential elements of the contract of sale, having a solid grasp of these concepts contributes to clear communication and legal protection.

Whether you are entering into a rental agreement, facing a severance agreement challenge, or dealing with an adhesion contract, being aware of your rights and obligations is crucial.