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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Internship Opportunity: Legal Interns at Pocket FM

Are you a law student looking for an exciting internship opportunity? Pocket FM, a leading audio platform, is seeking legal interns to assist with a 3-month project focusing on their intellectual property (IP) assets. This is a fantastic chance to gain hands-on experience in the fast-evolving world of digital media and IP law.

About Pocket FM

Pocket FM is known for its innovative approach to audio content, providing users with a range of stories, podcasts, and audiobooks. As the company continues to grow, it recognizes the importance of protecting its IP assets. This internship will provide you with a unique opportunity to delve into the intricacies of IP law and its application in the digital space.

Eligibility Criteria

To qualify for this internship, candidates must meet the following requirements:

  • Education: Ideally, you should be at least in your third year of law school. This ensures that you have a foundational understanding of legal concepts, particularly in IP law.
  • Location: You must be based in Bangalore, as the internship requires physical presence in the Pocket FM office.
  • Availability: Candidates should be ready to commit to the 3-month duration of the project.

Key Responsibilities

As a legal intern at Pocket FM, you will:

  • Assist in the analysis and protection of Pocket FM’s IP assets.
  • Conduct legal research on relevant IP laws and regulations.
  • Help prepare legal documents and filings.
  • Participate in team meetings and contribute to discussions on IP strategy.

This internship not only offers valuable work experience but also provides insight into the operations of a dynamic tech company. You’ll have the chance to work alongside experienced legal professionals and gain practical skills that are essential for your future career.

How to Apply

If you are interested in this exciting opportunity, please send your CV along with a covering letter to abraham.kandathil@pocketfm.com. In your covering letter, highlight your relevant coursework and any previous experience related to IP law or digital media.

Conclusion

This internship at Pocket FM is an excellent way to kickstart your legal career while gaining exposure to the intersection of law and technology. Don’t miss out on this opportunity to make meaningful contributions to a leading audio platform while enhancing your legal skills. Apply today and take the first step towards an enriching internship experience!


Exciting Legal Internship Opportunity at Shaadi.com – Apply Now!

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