Enforceability of Sale of Goods Contracts in Jordan

In Jordan, there are several laws governing the sale of goods contracts.  These laws include:

• Civil Law (No 43 of 1976).

• Trade Law (No 12 of 1966).

• Maritime Law (No 12 of 1972).

• Goods Transportation on Roads Law (No 21 of 2006).

• Competition Law (No 33 of 2004).

• Consumer Law (No. 7 of 2017).

• Commercial Agents and Mediators Law (No 28 of 2001).

• Electronic Transactions Law (No 15 of 2015).

• Evidence Law (No 30 of 1952).

Requirements to Create a legally enforceable contract for the sale of goods

To create a legally enforceable sale of goods contract, Jordanian law requires there to be:

• An offer.

• Acceptance.

• The legal capacity of the parties to contract.

• A lawful subject matter for the contract.

• Certainty.

• A lawful cause of the contract.

• Consideration.

• (Articles 91, 116, 157, 165, 466 and 478, Civil Law.) 

One of the notable aspects of Jordanian law is its flexibility regarding the formality of contracts. It does not require a contract to be written, and a contract need not be notarized to have legal effect. This flexibility can be advantageous in certain business situations.

No further formalities are required to enforce a sale of goods contract except in some limited circumstances. For example, the contract must be registered with the Traffic Department to implement an agreement to sell a vehicle in the Jordanian market (Article 3, Traffic Law (No 49 of 2008)).

E-contracts 

 Contracts made by electronic means are enforceable in Jordan. Article 9 of the Electronic Transactions Law provides that information messages are a means of expressing the will to contract between parties. 

 Article 2 of the Law defines "information messages" as any information generated, sent, received, or stored by electronic or similar means, including Electronic Data Interchange (EDI) or exchanging electronic mail, telegram, telex, or telecopy.

Language of Contract

English is the usual language used for international contract sales of goods in Jordan. There is no language requirement for contract validity. Translation into Arabic is only required when a contract is presented as evidence before the Jordanian courts (Article 79, Civil Prosecution Procedure Law (No 24 of 1988)).

 AL Armouti Publications