Last Updated 06 Oct 2022

All Contracts Are Agreements but Not All Agreements

Category Contract, Justice
Words 697 (3 pages)
Views 1931

According to section 2(a) of Indian Contract Act states that, "every promise on every set of promises forming the consideration for each other an agreement. 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. It is also a fact that an agreement is a proposal and its acceptance, by which two or more person or parties promises to do abstain from doing an act. But a contract according to section 2(h) of the Indian Contract Act, "An agreement enforceable by law is a contract.

It is clear these definitions that the two elements of a contract are: (a) Agreement Contractual Obligation (b) Enforceability by Law. For Example: X invites his friend to coffee and the latter accepts the invitation. This is a social agreement not a contract because it does not imply any legal obligation. We can say that: (a) All contracts are agreements, (b) But all agreements are not contracts. (a) All Contracts are Agreements For a Contract to be there an agreement is essential; without an agreement, there can be no contract.

As the saying goes, "where there is smoke, there is fire; for without fire, there can be no smoke". It could be said, "Where there is contract, there is agreement without an agreement there can be no contract". Just as a fire gives birth to smoke, in the same way, an agreement gives birth to a contract. Another essential element of a contract is the legal obligation for the parties to the contract; there are many agreements that do not entail any legal obligations. As such, these agreements cannot be called contracts. For Example:

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A gives his car to B for repair and B asks for Ksh. 2000 for the repair works. A agrees to pay the price and B agrees to repair the car. The agreement imposes an obligation on both. The third element of a contract is that the agreement must be enforceable by Law. If one party fails to keep his promise, the other has the right to go the court and force the defaulter to keep his promises. There are other elements are: 1. Offer and acceptance, 2. Legal obligation, 3. Lawful consideration, 4. Valid object, 5. Agreement not being declared void by Law, 6. Free consent, 7.

Agreement being written and registered, 8. Capacity to contract, 9. Possibility of performance from what has been discussed. It is clear that all contracts are agreements. (b) All Agreements are not Contracts: An agreement is termed a contract only when it is enforceable by law. All agreements are not necessarily legally enforceable. It can rightly be said that an agreement has a much wider scope than a contract. For example that agreements are not legally binding are an invitation to dinner or to go for a walk and its acceptance. These are agreements not contracts.

An agreement does not necessarily imply a legal obligation on the parties to the agreement. It is import here to clarify what exactly is an obligation. Obligation is a legal tie which imposes upon a person or persons the necessity of doing or abstaining from doing definite act or acts. An agreement need not necessarily be within the framework of law and be legally enforceable. If it is, then it is a contract. A promises B to do physical harm to C whom, the latter does not like and B promises to pay A Ksh. 1000 to do that, it cannot be termed as a contract because such an act would be against the law.

Any agreement of which the object or consideration is unlawful is void and cannot be called a contract. It would be clear from what has been said so far that an agreement has a much wider scope than a contract. An Agreement implies fulfilling some agreed condition. It does not necessarily imply that the stipulated conditions conform to the law and are enforceable by it. It may be said that an agreement is the genus of which contract is the species. It also makes it clear that all agreements are not contracts but all contracts are agreements.

All Contracts Are Agreements but Not All Agreements essay

Related Questions

on All Contracts Are Agreements but Not All Agreements

Why All Contract Are Agreement But Not All Agreement Are Contract?
There are a few key differences between contracts and agreements. For one, all contracts are agreements, but not all agreements are contracts. This is because a contract requires some additional elements that an agreement does not. Namely, contracts must be legally binding, and they must involve some exchange of value. agreements can be either legally binding or not, and they don't always involve an exchange of value. So, while all contracts are agreements, not all agreements are contracts.
Why All Agreements Are Not Contract?
There are four elements that must be present for an agreement to be considered a contract: offer, acceptance, consideration, and the intention to create a legal relationship. If even one of these elements is missing, then the agreement is not a contract. For example, if two people agree to meet for lunch, but there is no offer or acceptance of anything else, then there is no contract. If one person offers to sell their car to another for $1,000, but the other person does not accept the offer, then there is no contract. If two people agree to meet for lunch and they both accept, but there is no consideration (such as exchanging money), then there is no contract. Finally, if two people agree to meet for lunch and they both accept and there is consideration, but they do not intend to create a legal relationship (such as a business meeting), then there is no contract.

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