All contracts are agreements, but all agreement are not contracts Answer; A contract is a legally binding agreement or relationship that exists between two or more parties to do or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must backed acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must be entered into freely and should be possible to perform. An agreement is a form of cross-reference between different parties, which may be written, oral and lies upon the honor of the parties for its fulfillment rather than being in any way enforceable. All contracts are agreement because there must be mutual understanding between two parties for a contract to be formed. All parties should agree and adhere to the terms and conditions of an offer. The following cases illustrate ways in which all contracts are agreements; In the case of invitation to treat, where an invitation to treat is merely an invitation to make an offer. When a firm's offer is accepted it results into a contract provided other elements of contracts are accepted. Considering person A buying a radio on hire purchase from person B who deals with electronics and its appliances. Both parties must come to an agreement on payment of monthly installment within specified period of time. Such an agreement result to specialty contract which a contract under seal. All contracts are agreementuntil avoided for example, avoidable contract where one of the parties can withdraw from it if s/he wishes. This occurs due to minor agreement and misrepresentation or undue influence. Considering a case where person A make contract with person B but during the contract period B realizes that he was engaged to perform an agreement under undue influence. Definition of contract According to section 2(h) of the Indian Contract Act: " An agreement enforceable by law is a contract." A contract therefore, is an agreement the object of which is to create a legal obligation i.e., a duty enforceable by law. From the above definition, we find that a contract essentially consists of two elements: (1) An agreement and (2) Legal obligation i.e., a duty enforceable by law. We shall now examine these elements detail. 1. Agreement. As per section 2 (e): " Every promise and every set of promises, forming the consideration for each other, is an agreement." Thus it is clear from this definition that a 'promise' is an agreement. What is a 'promise'? the answer to this question is contained in section 2 (b) which defines the term." When the person to whom the proposal is made signifies his assent thereto the proposal is said to be accepted. A proposal, when accepted, becomes a promise." An agreement, therefore, comes into existence only when one party makes a proposal or offer to the other party and that other party signifies his assent (i.e., gives his acceptance) thereto. In short, an agreement is the sum total of 'offer' and 'acceptance'. On analyzing the above definition the following characteristics of an agreement become evident: (a) At least two persons. There must be two or more persons to make an agreement because one person cannot inter into an agreement with himself. (b) Consensus-ad-idem. Both the parties to an agreement must agree about the subject matter of the agreement in the same sense and at the same time. 2. Legal obligation. As stated above, an agreement to become a contract must give rise to a legal obligation i.e., a duty enforceable by law. If an agreement is incapable of creating a duty enforceable by law. It is not a contract. Thus an agreement is a wider term than a contract. " All contracts are agreements but all agreements are not contracts," Agreements of moral, religious or social nature e.g., a promise to lunch together at a friend's house or to take a walk together are not contracts because they are not likely to create a duty enforceable by law for the simple reason that the parties never intended that they should be attended by legal consequences Essential Elements of a Valid Contract A contract has been defined in section 2(h) as "an agreement enforceable by law." To be enforceable by law, an agreement must possess the essential elements of a valid contract as contained in sections 10, 29 and 56. According to section 10, all agreements are contracts if they are made by the free consent of the parties, competent to contract, for a lawful consideration, with a lawful object, are not expressly declared by the Act to be void, and where necessary, satisfy the requirements of any law as to writing or attention or registration. As the details of these essentials form the subject matter of our subsequent chapters, we propose to discuss them in brief here. The essential elements of a valid contract are as follows. 1. Offer and acceptance. There must a 'lawful offer' and a 'lawful acceptance' of the offer, thus resulting in an agreement. The adjective 'lawful' implies that the offer and acceptance must satisfy the requirements of the contract act in relation thereto. 2. Intention to create legal relations. There must be an intention among the parties that the agreement should be attached by legal consequences and create legal obligations. Agreements of a social or domestic nature do not contemplate legal relations, and as such they do not give rise to a contract. An agreement to dine at a friend's house in not an agreement intended to create legal relations and therefore is not a contract. Agreements between husband and wife also lack the intention to create legal relationship and thus do not result in contracts. Try to work out the solution in the following cases and then go to the answer. 3. Lawful consideration. The third essential element of a valid contract is the presence of 'consideration'. Consideration has been defined as the price paid by one party for the promise of the other. An agreement is legally enforceable only when each of the parties to it gives something and gets something. The something given or obtained is the price for the promise and is called 'consideration' subject to certain exceptions; gratuitous promises are not enforceable at law. The 'consideration' may be an act (doing something) or forbearance (not doing something) or a promise to do or not to do something. It may be past, present or future. But only those considerations are valid which are 'lawful'. The consideration is 'lawful'. unless it is forbidden by law; or is of such a nature that, if permitted it would defeat The provisions of any law; or is fraudulent; or involves or implies injury to the person or property of another; or is immoral; or is opposed to public policy (sec.23). 4. Capacity of parties. The parties to an agreement must be competent to contract. But the question that arises now is that what parties are competent and what are not. The contracting parties must be of the age of majority and of sound mind and must not be disqualified by any law to which they are subject (sec.11). If any of the parties to the agreement suffers form minority, lunacy, idiocy, drunkenness etc. The agreement is not enforceable at law, except in some special cases e.g., in the case of necessaries supplied to a minor or lunatic, the supplier of goods is entitled to be reimbursed from their estate (sec 68). 5. Free consent. Free consent of all the parties to an agreement is another essential element. This concept has two aspects.(1) consent should be made and (2) it should be free of any pressure or misunderstanding. 'Consent' means that the parties must have agreed upon the same thing in the same sense (sec. 13). There is absence of 'free consent,' if the agreement is induced by (i)coercion, (ii) undue influence, (iii) fraud, (iv) mis-representation, or (v) mistake (sec. 14). If the agreement is vitiated by any of the first four factors, the contract would be voidable and cannot be enforced by the party guilty of coercion, undue influence etc. The other party (i.e., the aggrieved party) can either reject the contract or accept it, subject to the rules laid down in the act. If the agreement is induced by mutual mistake which is material to the agreement, it would be void (sec. 20) 6. Lawful object. For the formation of a valid contract it is also necessary that the parties to an agreement must agree for a lawful object. The object for which the agreement has been entered into must not be fraudulent or illegal or immoral or opposed to public policy or must mot imply injury to the person or the other of the reasons mentioned above the agreement is void. Thus, when a landlord knowingly lets a house to a prostitute to carry on prostitution, he cannot recover the rent through a court of law or a contract for committing a murder is a void contract and unenforceable by law. 7. Writing and registration. According to the Indian contract Act, a contract to be valid, must be in writing and registered. For example, it requires that an agreement to pay a time barred debt must be in writing and an agreement to make a gift for natural love and affection must be in writing and registered to make the agreement enforceable by law which must be observed. 8. Certainty. Section 29 of the contract Act provides that " Agreements, the meaning of which is not certain or capable of being made certain, are void." In order to give rise to a valid contract the terms of the agreement must not be vague or uncertain. It must be possible to ascertain the meaning of the agreement, for otherwise, it cannot be enforced Illustration. A, agrees to sell B " a hundred ton of oil" there is nothing whatever to show what kind of oil was intended. The agreement is void for uncertainty. 9. Possibility of performance. Yet another essential feature of a valid contract is that it must be capable of performance. Section 56 lays down that "An agreement to do an act impossible in itself is void". If the act is impossible in itself, physically or legally, the agreement cannot be enforced at law. Illustration. A agrees with B, to discover treasure by magic. The agreement is not enforceable. 10. Not expressly declared void. The agreement must not have been expressly declared to be void under the Act. Sections 24-30 specify certain types of agreements that have been expressly declared to be void. For example, an agreement in restraint of marriage, an agreement in restraint of trade, and an agreement by way of wager have been expressly declared void under sections 26, 27 and 30 respectively.
all contracts are agreement but all agreements are not contract
All contracts are Agreements but not all Agreements are contract.discuss
Yes all contracts are agreements but all agreements are not contracts. Only those agreements are contracts which can be executable by law and those agreements which cannot/impossible to execute by law is not a contract. For e.g A agreed to pay B if C default payment is a valid contract. where as A agreed to pay B if B do a favour which is illegal is not a contract.
All agreements are contracts if they are madewith free consentof parties competent to contractfor a lawful object and lawful consideration; andare not expressly declared to be void
Contracts are official documentation. Some agreements are made with oral promises and/or handshakes.
The correct statement about contract is that a contract is an agreement between a buyer and a seller. A contract can be a written or oral agreement.
some agreements are not enforceable by law, so they are not contracts. so does that mean a collaborator agreement is voided out because there is no ending date on it?
Contracts or agreements that are set to expire at the same time.
The theory of "Contracts" and or "Agreements" pre-dates the written history of humanity. The first laws about contracts and releases from contracts are from Sumeria and Babylonia.
Domestic agreements are not intended to be legal binding Commercial contracts are intended to be legal binding
Contracts have effected legality but providing proofs of agreements. Without contracts, the court would be over run with false claims and allegations, where a contract covers those bases.
Perfection or birth of the contract takes place when the parties agree upon the essential elements of the contract.
A formal agreement between people or groups enforceable by law.The Restatement of Contracts (a summary of the prevailing contract laws) defines "contract" as a "promise," the breach of which the law requires a remedy, or the performance of which the law recognizes as a duty.The formation of a contract requires two essential elements: (1) manifestation of mutual assent (which takes place in the form of offer and acceptance), and (2) consideration (which is a bargained for exchange).One common misconception is that a contract must ALWAYS be in writing. This is not true (even though it's a good idea, and in some cases it is necessary [see statute of frauds]). A "manifestation of mutual assent" can take many forms.Another common misconception is that if you agree to something, it's a contract. This is not true either, as all contracts may come from agreements, but not all agreements are contracts. For example, I can agree to give you ten dollars as a gift, but this would not be a contract. Contracts are legally enforceable agreements, and they require a bargained for exchange.
Computer contracts are legal agreements between companies. A computer contract is useful when a job or role needs to be completed and can be given to a contractor.
Oral contracts are enforceable by law. But there are specific requirements for contracts to be in writing for certain agreements. The sale of real property or a contract that is more than a year in length are examples.
While oral agreements can be used, most businesses use formal written contracts when engaging in operations.
Verbal agreements are enforceable. There are some contracts that have to be in writing depending on the time frames and whether real property is involved.
The entire heart contracts as a unit or it does not contract at all.
Yes, all contracts are agreements, because a contract is a legally binding relationship that exists between two or more parties to do or abstain from performing certain acts. An agreement is a form of cross-reference between parties which may be written or oral, and lies upon the honor of the parties for its fulfillment, rather than being in any way enforceable.
To expedite performance of essential contracts...
The differences between a Statement of Work and a Contract statement of work. The Ã?Statement of WorkÃ? covers all requirements, the performance and the design requirements for a particular project. It also defines what the responsibilities, work agreements and liabilities that are established between the clients and the service provider. A Ã?Contract Statement of WorkÃ? is a description of services, products or the end result as described in a contract.
False. Just like not all written contracts are valid. In general sense, a verbal or spoken contract is just as legally binding as a written contract.
Contract law refers to the body of law that governs the oral and written agreements that are associated with the exchange of properties, money, goods, and services. Topics that are covered under the contract law includes the termination of contract, contracts of employment, limitation of actions and the freedom of contract.
Hire purchase contract/installments contract. lease
== == I normally list all of the following types of contracts and leases on Schedule G: Residential leases (like a rental lease for where the debtor lives, EVEN IF it is only a verbal month-to-month arrangement), cell phone contracts, lot rent agreements, land purchase/sale contracts, home owners association contracts, pager contracts, auto leases, rent-to-own contracts, realtor listing agreements, internet contracts, etc. Also, I always list for EACH contract whether the debtor intends to HONOR & ASSUME the contract, or REJECT the contract. I always put each REJECTED contract on Schedule F as well to be sure the liability on the rejected contract is discharged. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
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