According to section 2 (h) of the Indian Contract Act, “an agreement enforceable by law is a contract”. That is all agreements are not contract. An agreement, in order to become a contract must satisfy certain conditions which are the essential elements of a contract.
Why all contract are agreement but all agreements are not contract?
An agreement starts from an offer and ends on consideration but a contract has to achieve another target i.e. enforceability. Due to this breach of the contract provide a legal remedy to the aggrieved party against the guilty party. So we can say that all contracts are an agreement but all agreements are not contracts.
Is agreement Same as contract?
A contract is an agreement, but an agreement is not always a contract. An agreement can be informal or it may be written; a contract may be verbal or written, but a contract will always be enforceable if it contains certain requirements.
Which of the following is really not a contract at all but an obligation which the law creates?
(I) Not contracts at all. (II) Obligations imposed under the law.
What makes an agreement a contract?
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
Why is agreement not a contract?
Contract. An agreement is any understanding or arrangement reached between two or more parties. A contract is a specific type of agreement that, by its terms and elements, is legally binding and enforceable in a court of law.
What is an agreement and are all agreements contract?
“All agreements are not contracts”
An agreement is a set of promises. Section 2(e) of The Indian Contract Act 1872 says, “Every promise and every set of promises, forming the consideration for each other, is an agreement”. In an agreement, there is a promise between both parties.
Is agreement legally binding?
A written agreement is only legally binding when you have finalised all of the essential terms of the agreement. Essential terms are the terms necessary to hold the parties accountable for their promises.
References:
- https://blog.ipleaders.in/conditions-when-an-agreements-becomes-a-contract/
- https://ironcladapp.com/journal/contracts/agreement-vs-contract/
- https://www.toppr.com/ask/question/quasi-contracts-are-i-not-contracts-at-allii-obligations-imposed-under-the-lawselect-correct-answer/
- https://www.law.cornell.edu/wex/contract
- https://www.diffen.com/difference/Agreement_vs_Contract
- https://libertatem.in/blog/all-contracts-are-agreements-but-all-agreements-are-not-contract-explain/
- https://legalvision.com.au/legally-binding-written-agreement/