All contracts are agreements but all agreements are not contract ?

Introduction:

According to section 2(h) of The Indian Contract Act 1872 “An agreement
enforceable by law is a contract”. It means those agreements are enforceable
by law they are contracts others not. For example, an agreement to sell a bike
may be a contract, but an agreement to go to the movie may be a mere
agreement not enforceable by law. To go to a movie is a social agreement and
social agreements are not enforceable by law.

What is an agreement?

According to section 2(e) of The Indian Contract Act 1872 “Every promise and
every set of promises, forming the consideration for each other, is an
agreement”. We can understand this definition by an example, A promises to
deliver his book to B, and in return, B promises to pay 1,000 to A. There is said
to be an agreement between A and B.

All contracts are agreement

  • We know that when an agreement enforceable by law is a contract. A contract
    is an agreement that is enforceable by law. It is an agreement or set of
    promises giving rise to obligations that can be enforced or are recognized by
    law. In order to become an agreement into a contract, it has to satisfy all the
    essentials of a valid contract as mentioned in section 10 of the Indian Contract
    Act 1872.
  • Section 10 of this act says, “All agreements are contracts if they are made by
    the free consent of parties competent to contract, for a lawful consideration
    and with a lawful object, and are not hereby expressly declared to be void”.

The essentials of a valid contract:

  1. There must be two parties.
  2. The agreement should be between the parties who are competent to
    contract.
  3. There should be a lawful consideration.
  4. The object of the agreement must be lawful.
  5. There should be free consent between the parties.
  6. The agreement must not be one that has been expressly declared to
    be void.

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. For example, A promises to deliver his book
    to B, and in return of B promises to pay Rs. 1,000 to A. there is said to be an
    agreement between A and B. After acceptance of the offer/proposal it
    becomes a promise, promise is the result of offer acceptance.
  • Thus, when there is a proposal/offer from the proposer and the acceptance of
    that proposal by the propose it results in a promise. Promise and reciprocal
    promise from promisor and promisee form an agreement.
  • Hence, we can conclude only commercial agreements where parties are
    intending to shoulder responsibility upon each other and when they are
    entering into an agreement keeping in mind that in case of breach of
    agreement terms by one of the parties, the aggrieved party may go to court
    against the party who breaches the terms and compel him by the process of
    law to pay compensation as decided.

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Entry-Level Litigation at DAGA Legal LLP

Entry-Level Litigation Careers at DAGA Legal LLP

Launching your career in entry-level litigation can be both exciting and challenging, especially for those with 0-3 years of experience. At DAGA Legal LLP, a boutique law firm with a wealth of experience spanning over 66 years, new lawyers will find excellent opportunities to develop their skills in a supportive environment.

Key Responsibilities in Entry-Level Litigation

As part of your entry-level litigation role, your primary responsibilities will include:

  • Legal Research: Conducting thorough research on legal precedents, statutes, and regulations to craft effective case strategies.
  • Drafting Documents: Preparing various legal documents such as pleadings, motions, affidavits, and contracts, ensuring accuracy and clarity.

Staying Updated in Entry-Level Litigation

To excel in your entry-level litigation position, it’s crucial to stay informed about changes in the law, as this knowledge impacts ongoing cases and client advice.

Courtroom Experience for Entry-Level Litigation Lawyers

In the courtroom, your role as an entry-level litigation lawyer will expand as you:

  • Assist Senior Counsel: Play a vital role during hearings and manage procedural matters.
  • Organize Evidence: Gather and organize evidence, witness statements, and other pertinent information to build a strong case.
  • Support Trial Preparation: Help draft arguments and opening/closing statements under the guidance of experienced lawyers.

A Supportive Environment at DAGA Legal LLP

DAGA Legal LLP prides itself on its diverse team, combining the vigor of young professionals with the wisdom of seasoned lawyers. This collaborative environment fosters growth and emphasizes teamwork in achieving successful outcomes for clients.

If you’re ready to pursue entry-level litigation opportunities, DAGA Legal LLP offers the ideal platform to kickstart your legal career.

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