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Ans All Agreements Are Not Contracts

An agreement is a broader term that includes all promises forming consideration between two or more parties. A contract is a specific type of agreement that is enforceable by law, where one party acquires rights and the other undertakes obligations. Not all agreements satisfy the requirement of enforceability and become contracts. For example, an airline selling a ticket to a passenger to travel on a specific date creates a contract, as the airline is legally obligated to fulfill the promise and the passenger has legal recourse if it fails to do so.

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Muriel Mascarenhas
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451 views1 page

Ans All Agreements Are Not Contracts

An agreement is a broader term that includes all promises forming consideration between two or more parties. A contract is a specific type of agreement that is enforceable by law, where one party acquires rights and the other undertakes obligations. Not all agreements satisfy the requirement of enforceability and become contracts. For example, an airline selling a ticket to a passenger to travel on a specific date creates a contract, as the airline is legally obligated to fulfill the promise and the passenger has legal recourse if it fails to do so.

Uploaded by

Muriel Mascarenhas
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© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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1. All agreements are not contracts, but all contracts are agreements. Comment.

Contract A contract is an agreement, enforceable by law, made between at least two parties by which rights are acquired by one and obligations are created on the part of another. If the party, which had agreed to do something, fails to do that, then the other party has a remedy. Example: D Airlines sells a ticket on 1 January to X for the journey from Mumbai to Bangalore on 10 January. The Airlines is under an obligation to take X from Mumbai to Bangalore on 10 January. In case the Airlines fails to fulfil its promise, X has a remedy against it. Thus, X has a right against the Airlines to be taken from Mumbai to Bangalore on 10 January. A corresponding duty is imposed on the Airlines. As there is a breach of promise by the promisor (the Airlines), the other party to the contract (i.e., X) has a legal remedy. Agreement Sec.2(e) defines an agreement as every promise and every set of promises forming consideration for each other. In this context, the word promise is defined by Sec.2(b). In a contract there are at least two parties. One of them makes a proposal (or an offer) to the other, to do something, with a view to obtaining the assent of that other to such act. 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 (Sec.2(b)). Enforceability by law: The agreement must be such which is enforceable by law so as to become a contract. Thus, there are certain agreements which do not become contracts as this element of enforceability by law is absent.

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