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? A contract is an agreement between parties that is legally enforceable.
An agreement between two or more competent parties in which an
offer is made and accepted, and each party benefits. The agreement
can be formal, informal, written, oral or just plain understood. Some
contracts are required to be in writing in order to be enforced. An
agreement between two or more parties which creates obligations to
do or not do the specific things and that are the subject of that
agreement. Examples of a contract are a lease, a promissory note, or a
rental agreement.
Page 3


? A contract is an agreement between parties that is legally enforceable.
An agreement between two or more competent parties in which an
offer is made and accepted, and each party benefits. The agreement
can be formal, informal, written, oral or just plain understood. Some
contracts are required to be in writing in order to be enforced. An
agreement between two or more parties which creates obligations to
do or not do the specific things and that are the subject of that
agreement. Examples of a contract are a lease, a promissory note, or a
rental agreement.
? Contracts are divided into express or implied. An
express contract is one where the terms of the
agreement are openly uttered and avowed at the
time of making, as to pay a stated price for
certain goods.
Page 4


? A contract is an agreement between parties that is legally enforceable.
An agreement between two or more competent parties in which an
offer is made and accepted, and each party benefits. The agreement
can be formal, informal, written, oral or just plain understood. Some
contracts are required to be in writing in order to be enforced. An
agreement between two or more parties which creates obligations to
do or not do the specific things and that are the subject of that
agreement. Examples of a contract are a lease, a promissory note, or a
rental agreement.
? Contracts are divided into express or implied. An
express contract is one where the terms of the
agreement are openly uttered and avowed at the
time of making, as to pay a stated price for
certain goods.
· Offer and Acceptance
· Intention to Create Legal Relations 
· Lawful Consideration
. Capacity of Parties 
· Free Consent
. Lawful Object 
· Writing and Registration
· Certainty
· Possibility of Performance 
. Not Expressly Declared Void
Page 5


? A contract is an agreement between parties that is legally enforceable.
An agreement between two or more competent parties in which an
offer is made and accepted, and each party benefits. The agreement
can be formal, informal, written, oral or just plain understood. Some
contracts are required to be in writing in order to be enforced. An
agreement between two or more parties which creates obligations to
do or not do the specific things and that are the subject of that
agreement. Examples of a contract are a lease, a promissory note, or a
rental agreement.
? Contracts are divided into express or implied. An
express contract is one where the terms of the
agreement are openly uttered and avowed at the
time of making, as to pay a stated price for
certain goods.
· Offer and Acceptance
· Intention to Create Legal Relations 
· Lawful Consideration
. Capacity of Parties 
· Free Consent
. Lawful Object 
· Writing and Registration
· Certainty
· Possibility of Performance 
. Not Expressly Declared Void
? An agreement is a meeting of the minds. An agreement is made
when two people reach an understanding about a particular issue,
including their obligations, duties and rights. While agreement is
sometimes used to mean contract — a legally binding oral or written
agreement — it is actually a broader term, including understandings
that might not rise to the level of a legally binding contract. The
writing or document that records the meeting of the minds of the
parties. It is an oral compact between two parties who join together
for a common purpose intending to change their rights and duties.
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33 videos|59 docs|18 tests

FAQs on PPT - Distinguish Agreement & Contract - Business Law - B Com

1. What is the difference between an agreement and a contract?
Ans. An agreement is a mutual understanding between two or more parties regarding a specific matter. It does not necessarily have legal enforceability. On the other hand, a contract is a legally binding agreement that is enforceable by law and includes certain elements such as offer, acceptance, consideration, and intention to create legal relations.
2. What are the essential elements of a valid contract?
Ans. A valid contract requires the following essential elements: 1. Offer: One party must make a clear and definite proposal to another party. 2. Acceptance: The other party must accept the offer as it is, without any modifications or conditions. 3. Consideration: Both parties must exchange something of value, such as money, goods, or services. 4. Intention to create legal relations: The parties must have an intention to enter into a legally binding agreement. 5. Capacity: The parties involved must be legally capable of entering into a contract, such as being of legal age and sound mind.
3. Can an agreement become a contract without consideration?
Ans. No, a contract requires consideration to be valid. Consideration refers to something of value that is exchanged between the parties involved. It can be in the form of money, goods, services, or even a promise to do or not do something. Without consideration, an agreement may be considered a mere promise or a gratuitous arrangement, which is not legally enforceable.
4. What happens if one party breaches a contract?
Ans. If one party breaches a contract, it means they fail to fulfill their obligations as stated in the agreement. The non-breaching party may seek legal remedies, which can include: 1. Damages: The non-breaching party may claim monetary compensation for any losses suffered due to the breach. 2. Specific performance: In some cases, a court may order the breaching party to fulfill their obligations as outlined in the contract. 3. Rescission: The non-breaching party may choose to cancel the contract altogether and seek restitution for any losses incurred. 4. Injunction: If the breach is ongoing or likely to continue, a court may issue an injunction to prevent further harm or damages.
5. Can an agreement be oral or does it need to be in writing to be enforceable?
Ans. An agreement can be either oral or in writing, depending on the circumstances. In general, both oral and written agreements can be legally enforceable. However, certain types of contracts, such as those involving the sale of real estate or a guarantee, may require a written agreement to be enforceable. It is always recommended to have written contracts as they provide clearer evidence of the agreed terms and can help avoid disputes.
33 videos|59 docs|18 tests
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