A contract is a type of agreement or promise or
set of promises, which is recognized and enforced by the law. A contract has
two distinct parts. First one is that there must be an agreement to do or not
to do something. Second one is that the agreement must be enforceable by law.
Whereas, an agreement is just an agreement between two parties which may or may
not be enforceable by law. It simply means understanding between two parties. A
contract is binding but an agreement is not.
Agreements are flexible. When two parties are involved in the contract then they must create a legal relationship between them. Hence, the social agreements such as picnic, invitation, which do not carry a legal obligation, cannot be termed as valid contract.
Agreements are flexible. When two parties are involved in the contract then they must create a legal relationship between them. Hence, the social agreements such as picnic, invitation, which do not carry a legal obligation, cannot be termed as valid contract.
A contract to be valid
must contain the 8 essential elements. These elements are 1. Offer and
acceptance 2. Legal relationship 3. Free consent 4. Competent parties 5. Lawful
consideration 6. Two parties 7. Possibility of performance 8. Certainty. If one
of the element is missing then it is not considered to be valid. That is it
will be just an agreement only. For e.g. If a bank offers you latest schemes and then you accept it and that scheme
contains all the 8 essential elements then there exist a valid contract between
you and bank. But if your boss invites you to the party and you accept it then
it becomes only an agreement not a contract.
Thus, all contracts are agreements but all agreements are not
contracts.
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