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essentialia negotii
''Essentialia negotii'' ((英語:essential aspects ''or'' basic terms)) is a Latin legal term used in contract law. It denotes the minimum contents of a contract in order for it to be held effective and legally binding.
==General contracts==
Two parties purport to "agree" to have concluded a contract for a car, but have not actually worked out a price, it cannot be said that they have concluded a contract. The price would seem to be an "essential term". If further, the "buyer" had gone to a car dealer and said he would pay £10,000 for a car, but has not said which car, a "essential term" is probably lacking again. The price and the thing exchanged are examples of essential terms in simple sale of goods contracts.
However, the court may not just hold that a contract is invalid. In England, the Sale of Goods Act 1979 s.8(2) states ‘the buyer must pay reasonable price’ when a contract of sale is silent on price. Accordingly the absence of price may not be fatal to a contract of sale.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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