An agreement and a contract share similarities, but they differ in legal implications. Here are key distinctions:
1. Definition:
Agreement: An agreement is a mutual understanding between two or more parties, leading to a meeting of minds but might not necessarily have legal enforceability.
Contract: A contract is a legally binding agreement between two or more parties, with specific terms and conditions that can be enforced by law.
2. Enforceability:
Agreement: Not all agreements are legally enforceable. Some may lack the necessary elements to be considered binding in a court of law.
Contract: Contracts are enforceable by law, and a breach of contract can lead to legal remedies.
3. Components:
Agreement: It may or may not involve all the essential elements required for a contract, such as consideration, lawful object, and competency of parties.
Contract: Must contain all the essential elements, including an offer, acceptance, lawful consideration, competency of parties, and a lawful object.
4. Intention to Create Legal Relations:
Agreement: The parties may or may not have the intention to create legal relations, depending on the nature of the agreement.
Contract: There is a presumption that the parties intend to create legal relations, making it legally binding.
5. Legal Consequences:
Agreement: Not all agreements have legal consequences. Some are social or domestic in nature.
Contract: Legally binding, and breaching the terms can result in legal consequences.
6. Void and Voidable:
Agreement: It may be void or voidable based on legal principles.
Contract: It can be void or voidable, but specific legal criteria determine this status.
7. Nature:
Agreement: Can be oral or written, formal or informal.
Contract: Generally requires a certain formality, and some contracts must be in writing to be enforceable.
In summary, while all contracts are agreements, not all agreements qualify as contracts due to the legal requirements.