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Agreement And Contract

Agreement And Contract

The differences between a contract and an agreement, like most considerations in the legal sphere, come down to the particulars of the language and intent surrounding the parties involved. In short, a contract is definitionally a type of agreement, but not all agreements rise to the level of a legally binding, enforceable contract.

Below, we will explore some of the elements that constitute both of these legal concepts and provide some context for their drafting as well as some examples of how they work. Both contracts and agreements have an important role in the day-to-day business dealings of individuals and companies around the country, and understanding their usefulness is critical for both the business and legal communities.

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Agreement

Definition:

A meeting of minds or mutual understanding between two or more parties.

Scope:

Broader than a contract; it can be informal and relies on trust and goodwill.

Examples:

A casual arrangement with a roommate to trade lawn care equipment or a verbal understanding between neighbors.

Enforceability:

May or may not be legally binding and is not always enforceable in a court of law.

Contract

Definition:

A legally enforceable agreement that creates mutual obligations and duties between parties.

Scope:

Narrower than an agreement, encompassing a specific set of legally required elements.

Essential Elements:

• Offer: A proposal made by one party.
• Acceptance: The other party agrees to the terms.
• Consideration: Something of value (money, goods, services) exchanged between parties.
• Intention to Create Legal Relations: The parties must intend to create legally binding obligations.
• Legal Capacity: All parties must be legally able to enter a contract.
• Certainty: The terms must be clear and complete.

Enforceability:

Legally binding and enforceable in a court of law, providing legal redress for breaches.

Examples:

A mortgage agreement, a lease agreement, or an online purchase (which includes terms and conditions).

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