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.

Join Our WhatsApp Channel for Opportunity Updates

Get Daily Updates

Join our Telegram Channel for Opportunity Updates

Get Daily Updates

Leave a Reply

Your email address will not be published. Required fields are marked *

Next Article

S.K. Puri Memorial International Moot Court Competition [Nov 22-24, 2024] | Register by Oct 7

About the Faculty of Law, University of Delhi

The Faculty of Law, University of Delhi is hosting the S.K. Puri Memorial International Moot Court Competition, a prestigious event attracting law students from all over the world. The Faculty of Law is one of India’s leading institutions for legal education, recognized for its rigorous academic programs and commitment to producing eminent legal professionals who contribute globally to law and justice.

About the S.K. Puri Memorial International Moot Court Competition

The S.K. Puri Memorial International Moot Court Competition honors the legacy of Justice S.K. Puri and is internationally renowned for promoting advocacy, legal research, and critical thinking skills. The competition challenges participants with hypothetical legal cases that address contemporary legal issues, providing a unique opportunity for students to present their arguments before a panel of distinguished judges. Participants gain exposure to real-world legal scenarios, fostering an environment of high-level legal discourse and collaboration.

Competition Details

  • Format: Teams argue legal cases in front of experienced legal professionals, including practicing lawyers and academics.
  • Eligibility: Open to law students worldwide, fostering international legal cooperation and learning.
  • Structure: Preliminary rounds lead to knockout stages, with the best teams advancing to the final.

Prizes and Recognition

Prizes for the S.K. Puri Memorial International Moot Court Competition are yet to be disclosed, but previous years have seen significant awards for top-performing teams. These accolades help participants stand out in the legal community and provide a boost to their careers.

Registration Process

Teams interested in competing must register by October 7, 2024. For detailed rules, guidelines, and registration, visit the official Faculty of Law website.

For more information about the S.K. Puri Memorial International Moot Court Competition, including registration, please visit the official competition page: S.K. Puri Moot Court Competition.


Essential Guide to Formatting a Moot Court Memorial: Structure, Content, and Rules

Join Our WhatsApp Channel for Opportunity Updates

Get Daily Updates

Join our Telegram Channel for Opportunity Updates

Get Daily Updates

Next Article

Contact Us

For Submitting a Post

For Banner ads & admission campaigns

Timing

Hours: 9 AM – 9 PM (Mon-Sat)

See the below animation to allow notifications.

Start getting Lawdrishti updates useful for you!

Contact Us

For Submitting a Post

For Banner ads & admission campaigns

Contact us
For Submitting a Post
For Banner ads & admission campaigns
Timing

Hours: 9 AM – 9 PM (Mon-Sat)