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All contracts are agreements but all agreements are not contracts". Discuss the statement?
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All contracts are agreements but all agreements are not contracts". Di...
Meaning of Contract : Section 2 (h) of the Indian Contract Act, 1872 defines a contract as an agreement enforceable by law. In other words, an agreement which can be enforced in a court of law is contract. Rajeev defines a contract as an agreement creating and defining obligations between the parties. According to Pollock “Every agreement and promise enforceable at a court of law is a contract.” Hence, a contract is an agreement between two or more persons which is intended to have legal consequences.

There are two elements of a contract
Agreement : According to Section 2 (e) every promise and set of promises (two or more promises) forming the consideration for each other is an agreement. Promise is defined in Section 2 (b) in these words. When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise. Therefore, every agreement is composed of a proposal from one side and its acceptance from the other.

Thus, Agreement = Offer or Proposal + Acceptance of Offer
The agreement must give rise to legal obligation, i.e:, it should be enforceable by law : Agreements creating social, religious or moral obligations are not contracts.All contracts are agreements but all agreements are not contracts. All agreements are not contracts. An agreement may or may not create a legal obligation. If no legal binding is intended, a contract does not arise. Agreements of moral, religious or social nature are not contracts because parties never intend to create legal obligation. In such cases, no one can sue the other party in case of default. On the other hand, all contracts are agreements because for making a contract, there must be an agreement enforceable by law.

Essential Elements of a Valid Contract are:

Offer and Acceptance : In order to create a valid contract, there must be an  agreement between the two parties. An offer from one party to do or abstain from doing a particular act and its acceptance by the other party are two basic elements of an agreement. Both offer and acceptance should be lawful. The offer must be certain and must be communicated to the offerer. Similarly, acceptance must be absolute and unconditional, it must be given in the mode prescribed and should be communicated.
Intention to create Legal Relationship : There should be an intention on the part of the parties to the agreement to create a legal relationship.
Lawful consideration : The agreement must be supported by a lawful consideration on both sides.
Parties competent to contract : The parties to a contract must be capable of entering into a valid contract. According to Section 11, every person is competent to contract if he (i) is of the age of majority, (ii) is of sound mind, and (iii) is not disqualified from contracting by any law to which he is subject.
Free consent : The contract must have been ,made with the free consent of the parties. Consent is said to be free if it is not induced by coercion, undue influence, fraud, misrepresentation or mistake.
Lawful object : The object of the agreement should be lawful and not the one which the law disapproves.
Not expressly declared void : The agreement must not have been expressly declared to be void. There are certain agreements which have been expressly declared void by the Indian Contract Act, like, agreements in restraint of marriage, agreements in restraint of trade or agreements in restraint of legal proceedings, agreements with uncertain meaning etc.
Certainty of meaning : The meaning of the agreement must be certain, otherwise the agreement will not be enforceable by law. For example, if X agrees to sell to Y 500 liters of oil @ 50 per liter, the agreement is not enforceable as there is nothing to show the type of oil being sold.
Possibility of performance : The act contemplated in the agreement should be capable of performance. An agreement to do an act impossible in itself cannot be enforced.
Necessary legal formalities : The prescribed legal formalities of writing, registration etc., must be observed, wherever required.
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All contracts are agreements but all agreements are not contracts". Di...
Introduction:
Contracts and agreements are terms that are often used interchangeably, but they have distinct differences. While all contracts are agreements, not all agreements can be considered contracts. In this discussion, we will delve into the statement "All contracts are agreements but all agreements are not contracts" and provide a detailed explanation.

Understanding Agreements:
An agreement is a mutual understanding or arrangement between two or more parties regarding a specific matter. It can be oral or in writing and does not necessarily have to be legally enforceable. Agreements are based on the consent of the parties involved and are often created to establish relationships, resolve disputes, or outline expectations.

Characteristics of Agreements:
1. Voluntary: Agreements are formed through the free will and consent of the parties involved.
2. Informal: Agreements can be informal and don't require specific formats or legal jargon.
3. Flexibility: Agreements can be modified or terminated by mutual agreement.
4. Lack of Legal Consequences: Agreements may not have legal consequences if breached.

Understanding Contracts:
A contract, on the other hand, is a legally binding agreement that is enforceable by law. It requires certain elements to be present for it to be considered a valid contract. These elements include an offer, acceptance, consideration, legal capacity, and legality of purpose. Contracts serve as legally recognized agreements that provide remedies in case of breach.

Characteristics of Contracts:
1. Legally Binding: Contracts create legal obligations and are enforceable by law.
2. Formality: Contracts often require specific formats, written documentation, and legal terminology.
3. Consideration: Contracts involve an exchange of something of value between the parties.
4. Legal Consequences: Breaching a contract can result in legal remedies or damages.

Difference between Agreements and Contracts:
While all contracts are agreements, not all agreements can be considered contracts. The key points of difference include:
1. Legal Enforceability: Agreements may lack the necessary elements to be legally enforceable, while contracts are intended to have legal consequences.
2. Formality: Agreements can be informal and don't necessarily require specific formats, whereas contracts often require formalities such as written documentation.
3. Consideration: Contracts involve an exchange of something valuable (consideration), while agreements may not require consideration.
4. Legal Remedies: Contracts provide legal remedies in case of breach, while agreements may not have legal consequences if breached.

Conclusion:
In conclusion, the statement "All contracts are agreements but all agreements are not contracts" holds true. While all contracts are based on agreements, not all agreements meet the legal requirements to be classified as contracts. Contracts have additional elements, formality, and legal consequences that distinguish them from mere agreements. Understanding the distinctions between agreements and contracts is crucial in legal and business contexts to ensure proper enforcement and protection of rights.
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All contracts are agreements but all agreements are not contracts". Discuss the statement?
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