DOMESTIC VOILENCE

Domestic violence can be defined as a pattern of behavior in any relationship that is used to gain or
maintain power and control over an intimate partner. It also refers to violent acts committed by a
family or household member against another, such as child abuse or the mistreatment of one’s
spouse. Domestic violence can refer to physical harm inflicted on a member of a household or
family, by another member of the same household or family. The catch-all term domestic violence
can generally apply to any partners - married or unmarried, straight or gay, living together or simply
dating.

It includes physical aggression or assault (hitting, kicking, biting, shoving, restraining, slapping,
throwing objects), or threats thereof; sexual abuse ,emotional abuse, controlling or domineering;
intimidation; stalking.

Domestic violence can happen to anyone of any race, age, sexual orientation, religion or gender.
Abuse can be physical, sexual, emotional, economic or psychological actions or threats of actions
that influence another person. This includes any behaviors that frighten, terrorize, manipulate, hurt,
humiliate, blame, injure or wound someone.

It can happen to couples who are married, living together or who are dating.

Domestic violence affects people of all socioeconomic backgrounds and education levels. The
management of domestic violence essentially requires combined effort of law enforcement, social
welfare and health care services.

Anyone can become a domestic violence offender or victim. While rape and murder can be forms of
domestic violence, most often domestic violence consists of lesser forms of physical abuse such as
slapping and pushing. Stalking can also be a form of domestic violence.

Real change in these cases can only be brought about by changing the mindset of society through
education and better law enforcement.

All forms of domestic abuse have one purpose: To gain and maintain control over the victim.
Abusers use many tactics to exert power over their spouse or partner as dominance, humiliation,
isolation, threats and blame.

Sexual Abuse and Marital Rape:

Sexual abuse is any situation in which force or threat is used to obtain unwanted sexual activity.
Coercing a person to engage in sexual activity against their will, even if that person is a spouse or
intimate partner with whom consensual sex has occurred, is an act of aggression and violence.

Spousal sexual abuse is a form of domestic violence. When the abuse involves threats of unwanted
sexual contact or forced sex by a woman's husband or ex-husband, it may constitute rape,
depending on the jurisdiction, and may also constitute an assault.

Physical abuse:
Physical abuse basically involves a person using physical force against you, which causes, or could
cause, you harm.
Types of physical abuse
Physical abuse can involve any of the following violent acts:
# scratching or biting
# pushing
# slapping
# kicking
# choking
# throwing things
# force feeding or denying you food
# using weapons or objects that could hurt you
# physically restraining you (such as pinning you against a wall, floor, bed, etc.)
# other acts that hurt or threaten you.

It can also include behaviors such as denying the victim of medical care when needed, depriving the
victim of sleep or other functions necessary to live, or forcing the victim to engage in drug/alcohol
use against his/her will. If a person is suffering from any physical harm then they are experiencing
physical abuse.

Emotional abuse:
Emotional abuse is a type of abuse that you can experience in an abusive relationship. Although it
doesn’t leave you with physical scars, it can have a huge impact on your confidence and self
esteem

Signs of Emotional Abuse

Criticism. Unrelenting criticism of what you say or do with a specific intention to display power.

Shame and blame. Sometimes emotional abuse manifests as incessant blaming and shaming for
anything and everything. And, this goes two ways. Abusers may deflect blame or their responsibility
for any hurtful actions, leaving the survivor feeling like they are the one at fault.

Threats. Threatening in emotionally abusive relationships often happens two ways: threatening
physical harm and threatening you to do something you do not want to do.

Control. Emotional abusers may control your finances in an attempt to force you to stay in an
abusive relationship.

Emotional abuse can include verbal abuse is defined as any behavior that threatens, intimidates,
undermines the victim’s self-esteem, or controls the victim’s freedom.
Verbal abuse is a form of emotionally abusive behavior involving the use of language. Verbal abuse
can also be referred to as the act of threatening.

Economic Abuse:
Economic abuse is a form of abuse when one intimate partner has control over the other partner's
access to economic resources.
Economic abuse may involve preventing a spouse from resource acquisition, limiting the amount of
resources to use by the victim, or by exploiting economic resources of the victim.

The motive behind preventing a spouse from acquiring resources is to diminish victim's capacity to
support him/herself, thus forcing him/her to depend on the perpetrator financially, which includes
preventing the victim from obtaining education, finding employment, maintaining or advancing their
careers, and acquiring assets.

Causes of Violence:
There are many different theories as to the causes of domestic violence. These include
psychological theories that consider personality traits and mental characteristics of the perpetrator,
as well as social theories which consider external factors in the perpetrator's environment, such as
family structure, stress, social learning. As with many phenomena regarding human experience, no
single
approach appears to cover all cases.

There are many theories regarding what causes one individual to act violently towards an intimate
partner or family member there is also growing concern around apparent intergenerational cycles of
domestic violence.[1]

Jealousy
Many cases of domestic violence against women occur due to jealousy when one partner is either
suspected of being unfaithful or is planning to leave the relationship.

Behavioral
Many people have aggressive behavior which is usually with all. A bad or aggressive behavior also
play a major role in violence

Mental Illness
Many disorders are risk factors for domestic violence, including several personality disorders: all
Cluster BPDs, (especially antisocial), paranoid and passive- aggressive. Bipolar disorder,
schizophrenia, drug abuse, alcoholism and poor impulse control are also risk factors. It is estimated
that at least one-third of all abusers have some type of mental illness.

Social Stress
Stress may be increased when a person is living in a family situation, with increased pressures.
Social stresses, due to inadequate finances or other such problems in a family may further increase
tensions.

Violence is not always caused by stress, but may be one way that some people respond to stress.
Families and couples in poverty may be more likely to experience domestic violence, due to
increased stress and conflicts about finances and other aspects.

Marital Conflict Disorder

Marital conflicts between the couples are the major cause for the violence. The stress between
husband and wife became a major issue for the conflicts

Violence may be categorized in many ways:

# Types of violent acts:
assault, verbal abuse, sexual abuse, etc.

# Precipitating factors:
war, robbery, mental illness
# Contributing factors:
drugs and alcohol, poverty, culture, emotion, psychosis, etc.

# Impact of violence:
death or disability, economic, mental illness, etc.

# Those affected by violence: individuals, children, community, ethnic or minority group, etc.

Factors That May Accompany Domestic Violence

Domestic violence is often accompanied by circumstances such as alcohol and drug use, stress,
unresolved anger, or problems with the relationship. The following discussion briefly explores the
complex relationships between these factors and domestic violence.

# Alcohol and drug use

Although studies show a high correlation between alcohol and drug use and domestic violence,
researchers have rejected a causal connection between them. Studies have found that alcohol
abuse by men is associated with an increased likelihood of injury as a result of domestic violence
and that abusers with a history of heavy drug or alcohol use tend to engage in intensified violence
toward their domestic partners. Alcohol and drug use can lower the abuser’s inhibitions and provide
an excuse for “losing control.” Indeed, some abusers admit to using alcohol in certain situations in
order to give themselves permission to batter .Because alcohol and drug use do not cause domestic
violence, effective intervention in cases where the abuser is drug or alcohol dependent must be
directed at both the violence and the substance .

# Stress and anger

Researchers do not agree on the relationship between stress and anger and
domestic violence. Abuser’s denial of responsibility for the abuse to emphasize lack of anger
management, stress management, or communication skills as the primary cause of domestic abuse.
Abusers may benefit from learning stress or anger management skills.

# Problems inherent in the relationship

Abusers frequently escape responsibility for their violent choices by blaming the abuse on their
intimate partners. Blaming the relationship is a variation on this theme because it gives the intimate
partner at least partial responsibility for the abuse. However, most people who experience relational
difficulties respond to the without violence. Domestic violence interventions recognize that only the
abuser has the power to stop the abuse.

Persons subject to domestic abuse are endangered by traditional couples counseling and family
therapy modalities that require them to share responsibility for the abuse by working cooperatively
with the abuser to resolve the difficulties with the relationship. These treatment methods are
dangerous as they place abused individuals in the position of self-disclosing information that may
later be used against them by their abusers. Moreover, couples or family counseling may create
opportunities for abuse by physically bringing the abuser to the same location as an intimate partner.

Finally, where an abused individual is expected to work cooperatively to resolve the difficulties in the
relationship, the blame for the abuse may be fixed implicitly on that individual. An abuser may feel
justified in using abuse as “punishment” when the couple’s difficulties continue; indeed, many
domestic violence victims report assaults following couples therapy sessions.
For similar reasons, many domestic violence service providers assert that mediation, community
dispute resolution, and arbitration are not appropriate when domestic violence is present.

Domestic violence cannot be a subject for negotiation or settlement between the abuser and an
intimate partner because the partner has no responsibility for changing the abuser’s behavior.
This is particularly true where the abuse rises to a criminal level; mediation between a crime victim
and perpetrator is just as inappropriate in cases involving domestic violence as it is in cases
involving stranger violence.[2]

Consequences of domestic violence are:

Divorce and separation often bring about socio-economic problems such as homelessness because
the victim-survivor has to flee her home with her children.

Loss of employment and earnings: The victim-survivor often either loses her job following
frequent absenteeism because of injuries sustained or she has to quit her job as a safety measure or
because she has moved to a place of safety, far away from her employment. Denial of basic human
rights to physical, sexual and mental integrity and to safety and security Negative impact on
parenting behaviours which effects on the development of children[3]

Law Enforcement In 1983, Domestic Violence was recognized as a specific criminal offence
by the introduction of section 498-A into the Indian Penal Code. This section deals with
cruelty by a husband or his family towards a married woman.[4]

Four types of cruelty are dealt with by this law:

# Conduct that is likely to drive a woman to suicide
# Conduct which is likely to cause grave injury to the life, limb or health of the woman
# Harassment with the purpose of forcing the woman or her relatives to give some property
# Harassment because the woman or her relatives is unable to yield to demands for more money or
does not give some property.

The punishment is imprisonment for up to three years and a fine. The complaint against cruelty need
not be lodged by the person herself. Any relative may also make the complaint on her behalf. The
above section relates to the criminal provisions of a more stringent offence. The civil law does not
however address this phenomenon in its entirety.

There was a need of provision in law with more pliable remedies to offer within the broader
framework of civil and criminal laws. A law was enacted keeping in view the rights guaranteed under
the article 14, 15 & 21 of the constitution to provide for a remedy under civil law which is intended to
protect the woman from being victims of domestic violence and to prevent the occurrence of
domestic violence in the society.

Conclusion:
Despite efforts made by various sections of society and the Government to curb the domestic
violence against women, or any household member there is a rise in domestic violence.
Public interest litigation:- Its origin and meaning
In Indian law, means litigation for the protection of public interest. It is litigation introduced in a court
of law, not by the aggrieved party but by the court itself or by any other private party. It is not
necessary, for the exercise of the court's jurisdiction, that the person who is the victim of the violation
of his or her right should personally approach the court. Public Interest Litigation is the power given
to the public by courts through judicial activism.
Such cases may occur when the victim does not have the necessary resources to commence
litigation or his freedom to move court has been suppressed or encroached upon. The court can
itself take cognisance of the matter and proceed suo motu or cases can commence on the petition of
any public-spirited individual.

Public interest Litigation,

In simple words, means, litigation filed in a court of law, for the protection of Public Interest, such as
pollution, Terrorism, Road safety, constructional hazards etc.

Public interest litigation is not defined in any statute or in any act. It has been interpreted by judges
to consider the intent of public at large. Although, the main and only focus of such litigation is only
Public Interest there are various areas where a Public interest litigation can be filed. For e.g.
- Violation of basic human rights of the poor
- Content or conduct of government policy
- Compel municipal authorities to perform a public duty.
- Violation of religious rights or other basic fundamental rights

In Black's law Dictionary (Sixth Edition), Public Interest is defined as follows:

Public Interest. -
Something in which the public, the community at large has something pecuniary interest, or some
interest by which their legal rights or liabilities are affected. It does not mean anything so narrow as
mere curiosity, or as the interest of the particular localities, which may be affected by the matters in
question. Interest shared by the citizens generally in affair of local, State or national government...

Examples of PIL (Public Interest Litigation)

The Bombay High Court on 31 August, 2006 directed the broadcasters to give an undertaking that
they will abide by the Cable Television Network Act 1995 as well as the court's orders by tomorrow,
in view of larger public interest.

A division bench comprising Justices R M Lodha and S A Bobde were hearing a Public Interest
Litigation (PIL) filed by Professor Pratibha Nathani of St Xavier's College alleging that films without
certification by the Censor Board for Film Certification (CBFC) allowing 'free public exhibition', were
being shown on cable channels, which have a bad impact on children. Hence, such films should not
be shown and action be taken against those still running such content on their channels.

The court on 23 August had allowed the cable operators and channels to screen only 'U' and 'U/A'
certified films.

However, before that order, the police had taken action against the Multi-system operators and
seized their decoders due to which they could not telecast certain channels. Assistant Commissioner
of Police Sanjay Apranti told the court that they did not have a problem if the channels provided the
cable operators with new decoders.
Also, Zee Television and Star Television networks applied for the declaration in writing that they
would abide by the said Act and court orders.
The court also directed seven channels -- Star Movies, Star One, Star Gold, HBO, ZEE Movies, AXN
and Sony Max -- to furnish a list of all the films that they were to screen to the police.

Public Interest Litigation - What is?

It was vehemently contended that this would not be regarded as public interest litigation and, the
petitioners had no locus standi to file the present petitions. We are unable to agree to this
submission. Environment, more than any thing else, is and should be a concern for all. It is one thing
which is available free for all the inhabitants of an area and it is essential that this environment is
maintained for the purposes of ensuring a healthy life. This issue is no longer res integra. The
Supreme Court in Subhash Kumar v State of Bihar,*
observed that:
…Right to live is a fundamental right under article 21 of the constitution and it includes the right of
enjoyment of pollution - free water and air for full enjoyment of life. If anything endangers or impairs
that quality of life in derogation of laws, a citizen has a right to have a recourse to Article 32 of
constitution of India for removing the pollution of water or air which may be detrimental to quality of
life...

Judiciary, being the sentinel of constitutional statutory rights of citizens has a special role to play in
the constitutional scheme. It can review legislation and administrative actions or decisions on the
anvil of constitutional law. For the enforcement of fundamental rights one has to move the Supreme
Court or the High Courts directly by invoking Writ Jurisdiction of these courts. But the high cost and
complicated procedure involved in litigation, however, makes equal access to jurisdiction in mere
slogan in respect of millions of destitute and underprivileged masses stricken by poverty, illiteracy
and ignorance. The Supreme Court of India, pioneered the Public Interest Litigation (PIL) thereby
throwing upon the portals of courts to the common man.

Till 1960s and seventies, the concept of litigation in India was still in its rudimentary form and was
seen as a private pursuit for the vindication of private vested interests. Litigation in those days
consisted mainly of some action initiated and continued by certain individuals, usually, addressing
their own grievances/problems.

Thus, the initiation and continuance of litigation was the prerogative of the injured person or the
aggrieved party. Even this was greatly limited by the resources available with those individuals.
There was very little organized efforts or attempts to take up wider issues that affected classes of
consumers or the general public at large. However, all these scenario changed during Eighties with
the Supreme Court of India led the concept of public interest litigation (PIL). The Supreme Court of
India gave all individuals in the country and the newly formed consumer groups or social action
groups, an easier access to the law and introduced in their work a broad public interest perspective.

Legal History.
The Indian PIL is the improved version of PIL of U.S.A. According to Ford Foundation of U.S.A.,
Public interest law is the name that has recently been given to efforts that provide legal
representation to previously unrepresented groups and interests. Such efforts have been undertaken
in the recognition that ordinary marketplace for legal services fails to provide such services to
significant segments of the population and to significant interests. Such groups and interests include
the proper environmentalists, consumers, racial and ethnic minorities and others. The emergency
period (1975-1977) witnessed colonial nature of the Indian legal system. During emergency state
repression and governmental lawlessness was widespread. Thousands of innocent people including
political opponents were sent to jails and there was complete deprivation of civil and political rights.
The post emergency period provided an occasion for the judges of the Supreme Court to openly
disregard the impediments of Anglo-Saxon procedure in providing access to justice to the poor.

Public Interest Litigation popularly known as PIL can be broadly defined as litigation in the interest of
that nebulous entity: the public in general. Prior to 1980s, only the aggrieved party could personally
knock the doors of justice and seek remedy for his grievance and any other person who was not
personally affected could not knock the doors of justice as a proxy for the victim or the aggrieved
party. In other words, only the affected parties had the locus standi (standing required in law) to file a
case and continue the litigation and the non affected persons had no locus standi to do so. And as a
result, there was hardly any link between the rights guaranteed by the Constitution of Indian Union
and the laws made by the legislature on the one hand and the vast majority of illiterate citizens on
the other. The traditional view in regard to locus standi in Writ jurisdiction has been that only such
persons who: a) Has suffered a legal injury by reason of violation of his legal right or legally
protected interest; or b) Is likely to suffer a legal injury by reason of violation of his legal right or
legally protected interest. Thus before a person acquired locus standi he had to have a personal or
individual right which was violated or threatened to be violated. He should have been a person
aggrieved in the sense that he had suffered or was likely to suffer from prejudice, pecuniary or
otherwise.

However, all these scenario gradually changed when the post emergency Supreme Court tackled
the problem of access to justice by people through radical changes and alterations made in the
requirements of locus standi and of party aggrieved. The splendid efforts of Justice P N Bhagwati
and Justice V R Krishna Iyer were instrumental of this juristic revolution of eighties to convert the
Apex Court of India into a Supreme Court for all Indians. Justice V. R. Krishna Iyer and P. N.
Bhagwati recognised the possibility of providing access to justice to the poor and the exploited
people by relaxing the rules of standing. In the post-emergency period when the political situations
had changed, investigative journalism also began to expose gory scenes of governmental
lawlessness, repression, custodial violence, drawing attention of lawyers, judges, and social
activists. PIL emerged as a result of an informal nexus of pro-active judges, media persons and
social activists. This trend shows starke difference between the traditional justice delivery system
and the modern informal justice system where the judiciary is performing administrative judicial role.
PIL is necessary rejection of laissez faire notions of traditional jurisprudence.

The first reported case of PIL in 1979 focused on the inhuman conditions of prisons and under trial
prisoners. In Hussainara Khatoon v. State of Bihar, the PIL was filed by an advocate on the basis
of the news item published in the Indian Express, highlighting the plight of thousands of undertrial
prisoners languishing in various jails in Bihar. These proceeding led to the release of more than
40,000 undertrial prisoners. Right to speedy justice emerged as a basic fundamental right which had
been denied to these prisoners. The same set pattern was adopted in subsequent cases.

A new era of the PIL movement was heralded by Justice P.N. Bhagawati in the case of S.P. Gupta
v. Union of India. In this case it was held that any member of the public or social action group
acting bonafide can invoke the Writ Jurisdiction of the High Courts or the Supreme Court seeking
redressal against violation of a legal or constitutional rights of persons who due to social or
economic or any other disability cannot approach the Court. By this judgment PIL became a potent
weapon for the enforcement of public duties where executed in action or misdeed resulted in public
injury. And as a result any citizen of India or any consumer groups or social action groups can now
approach the apex court of the country seeking legal remedies in all cases where the interests of
general public or a section of public are at stake.
In 1981 the case of Anil Yadav v. State of Bihar, exposed the brutalities of the Police. News paper
report revealed that about 33 suspected criminals were blinded by the police in Bihar by putting the
acid into their eyes. Through interim orders Supreme Court directed the State government to bring
the blinded men to Delhi for medical treatment. It also ordered speedy prosecution of the guilty
policemen. The court also read right to free legal aid as a fundamental right of every accused. Anil
Yadav signalled the growth of social activism and investigative litigation.

In Citizen for Democracy v. State of Assam, the S. C. declared that the handcuffs and other
fetters shall not be forced upon a prisoner while lodged in jail or while in transport or transit from one
jail to another or to the court or back.

Conclusion
Public Interest Litigation is working as an important instrument of social change. It is working for the
welfare of every section of society. It's the sword of every one used only for taking the justice. The
innovation of this legitimate instrument proved beneficial for the developing country like India. PIL
has been used as a strategy to combat the atrocities prevailing in society. It's an institutional initiative
towards the welfare of the needy class of the society. In Bandhua Mukti Morcha v. Union of India,
Supreme Court ordered for the release of bonded labourers. In Murli S. Dogra v. Union of India,
the Supreme Court banned smoking in public places. In a landmark judgment of Delhi Domestic
Working Women's Forum v. Union of India, Supreme Court issued guidelines for rehabilitation and
compensation for the rape on working women. In Vishaka v. State of Rajasthan, Supreme court has
laid down exhaustive guidelines for preventing sexual harassment of working women in place of their
work

It would be appropriate to conclude by quoting Cunningham, Indian PIL might rather be a Phoenix: a
whole new creative arising out of the ashes of the old order.

PIL represents the first attempt by a developing common law country to break away from legal
imperialism perpetuated for centuries. It contests the assumption that the most western the law, the
better it must work for economic and social development such law produced in developing states,
including India, was the development of under developed men.

The shift from legal centralism to legal pluralism was prompted by the disillusionment with formal
legal system. In India, however instead of seeking to evolve justice- dispensing mechanism ousted
the formal legal system itself through PIL. The change as we have seen, are both substantial and
structural. It has radically altered the traditional judicial role so as to enable the court to bring justice
within the reach of the common man.

Further, it is humbly submitted that PIL is still is in experimental stage. Many deficiencies in handling
the kind of litigation are likely to come on the front. But these deficiencies can be removed by
innovating better techniques. In essence, the PIL develops a new jurisprudence of the accountability
of the state for constitutional and legal violations adversely affecting the interests of the weaker
elements in the community. We may end with the hope once expressed by Justice Krishna Iyer, The
judicial activism gets its highest bonus when its orders wipe some tears from some eyes

What Is a Sales Agreement?

A sales agreement is a legally binding contract that clarifies the terms of a transaction. Also known as a sales

contract or an agreement to sell, this type of document generally involves two parties — the buyer is an individual or

organization making a purchase, while the seller is an individual or organization selling the item in question.

You can use sales agreements to buy or sell either of the following:

 Goods : Physical objects, such as vehicles or machines

 Goods and Services: A physical item and related services, such as maintenance or installation

When Do You Need a Sales Agreement?

Without a sales agreement, you may not be able to protect your investment, or you may inadvertently accept liability

for something out of your control. That's why you should consider using a sales agreement any time you buy or sell

goods that require more than a simple transfer of ownership. If you intend to deliver the goods at a future date or if

you want to transfer liability to the other party, a sales agreement can help you protect yourself or your business.

A standard sales agreement includes the following safeguards:

 The buyer agrees to purchase certain goods or services, and the seller agrees to provide the requested

number of goods and types of services.

 The buyer agrees to make a purchase on a specific timeline, and the seller agrees to provide the goods and

services on or by that date.

 The buyer agrees to pay a certain price for the goods, and the seller agrees to accept that price.

 Either party has recourse if the other violates the sales agreement.

Which Terms Should a Sales Agreement Include?

Although a sales agreement can have customized sections, it should typically include the following terms:

 Amendments: This element states the terms that both parties must follow to make any changes to the sales

agreement, such as executing a written and signed agreement.

 Assignment: The assignment clarifies whether either party can transfer their rights to another party. This

section may include terms for assignment, such as if the assigning party must have written permission.

 Buyer: This names the person who intends to purchase the goods or services.
 Delivery details: This section lists any addresses, dates, or other terms if the seller has agreed to deliver

the goods or services to the buyer.

 Deposit: This element clarifies whether the buyer must provide a portion of the full amount as a partial

payment and assurance that the transaction will be completed. A sales agreement should also state whether

or not the seller may refund the deposit if either party cancels the contract.

 Dispute resolution: This element explains how the buyer and seller intend to resolve any disagreements

that may arise. In most jurisdictions, options include litigation, arbitration, or mediation.

 Goods or services: The goods or services section covers everything involved in the transaction. A sales

agreement may include an attached schedule that describes or lists the quantity of the goods or services.

 Governing law: This specifies which jurisdiction's law the agreement will follow in the event that the parties

do business in different states or countries.

 Inspection: This states whether the buyer can examine the goods before the transaction is complete.

 Liability: This element confirms that the goods may experience loss or damage and clarifies which party

takes responsibility for them throughout the transaction. The seller may transfer liability to the buyer at

several points, including when they ship the goods, when the buyer confirms receipt, or when the buyer

accepts ownership.

 Non-disclosure agreement: Also referred to as an NDA, this clause states that the buyer will not use the

seller's intellectual property or data to produce the same or similar goods.

 Notices: These clarify how the two parties intend to communicate about the transaction, such as via mail or

email.

 Ownership: The ownership section states when the buyer assumes ownership of the goods, which is

typically upon delivery.

 Payment amount: Every sales agreement notes the full amount that the buyer owes the seller in this

section.

 Payment dates: The date by which the buyer has to pay for the goods or services is also included. If the

buyer has to make a series of payments, the sales contract may also include a payment timetable including

amounts and dates.

 Payment method: This section specifies how the buyer can pay, such as with cash, a certified check, an

electronic deposit, or a credit card.

 Seller: This names the person or organization that intends to sell the goods or services.
  Severability: This section states that all other aspects of the agreement remain valid even if one part proves

unenforceable.

 Warranty: The warranty indicates the seller's guarantee regarding the condition of the state of the goods.

Sellers can make a range of guarantees, such as claiming that the item has no claims against it or that it's in

a reasonable condition for standard use. Sellers can also claim “as-is, which means that they make no

guarantee about the goods' quality.

Do You Need an Attorney for a Sales Agreement?

Although you can download and use a standard stales agreement as a contract, it's always in your best interest to

contact an attorney. After all, a standard agreement may not provide you with adequate protection or shield you from

liability. You can gain several advantages when you work with an experienced lawyer:

 Personalization: A knowledgeable lawyer can ensure that your sales agreement includes all the correct

information, including optional clauses and disclosures. If you need to modify the language in a standard

agreement, an attorney can ensure that it's legally binding.

 Liability: Any sales agreement you sign should limit the liability you accept during and after the transaction.

An attorney can ensure that the contract limits your liability effectively.

 Protection : Whether you're the buyer or the seller, a sales agreement should offer sufficient protection. An

experienced lawyer can confirm that your contract includes the right terms to ensure that you receive the

stated goods, services, or compensation.

How Is a Sales Agreement Different From a Bill of Sale?

A sales agreement is similar to a bill of sale, but the two documents have important differences . Unlike a sales

agreement, a bill of sale:

 Transfers ownership from the seller to the buyer

 Lacks a detailed payment plan or a warranty

 Includes fewer terms and provides less flexibility for either party

What Are Some Alternatives to a Sales Agreement?

Although a sales contract can apply to many transactions, it isn't always the ideal document for an agreement

between two parties. Ask your attorney whether one of these standard agreements may be a better fit for your

situation:

 Real Estate Purchase Agreement: If the buyer intends to purchase a home, a commercial building, or

another piece of property from the seller, a real estate purchase agreement may better clarify the

transaction.

 Purchase of Business Agreement: If the seller intends to transfer ownership of a business to the buyer, a

purchase of business agreement can clarify each party's rights and responsibilities.

 Services Agreement: If the seller is providing services or consulting rather than goods, a services

agreement or professional services agreement (PSA) may better outline the transaction and protect both

parties.

 Promissory Note: If the buyer must borrow funds to purchase goods or services, the lender typically

requires a promissory note, which includes a payment plan and terms.