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All contracts are agreement but all agreement are not

contracts
Answer; A contract is a legally binding agreement or
relationship that exists between two or more parties to
do or abstain from performing certain acts. A contract
can also be defined as a legally binding exchange of
promises between two or more parties that the law will
enforce. For a contract to be formed an offer made must
backed acceptance of which there must be consideration.
Both parties involved must intend to create legal relation
on a lawful matter which must be entered into freely and
should be possible to perform.
An agreement is a form of cross reference between
different parties, which may be written, oral and lies
upon the honor of the parties for its fulfillment rather
than being in anyway enforceable.
All contracts are agreement because there must be
mutual understanding between two parties for a contract
to be formed. All parties should agree and adhere to the
terms and conditions of an offer.
The following cases illustrate ways in which all
contracts are agreements;
In the case of invitation to treat, where an invitation to
treat is merely an invitation to make an offer. When a
firm's offer is accepted it results into a contract provided
other elements of contracts are accepted.
Considering person A buying a radio on hire purchase
from person B who deals with electronics and its
appliances. Both parties must come to an agreement on

payment of monthly installment within specified period of


time. Such an agreement result to specialty contract
which a contract under seal.
All contracts are agreement until avoided for example,
avoidable contract where one of the parties can withdraw
from it if s/he wishes. This occurs due to minor
agreement and misrepresentation or undue influence.
Considering a case where person A make contract with
person B but during the contract period B realizes that he
was engaged to perform an agreement under undue
influence.
Definition of contract
According to section 2(h) of the Indian Contract Act:
" An agreement enforceable by law is a contract." A
contract therefore, is an agreement the object of which is
to create a legal obligation i.e., a duty enforceable by
law.
From the above definition, we find that a contract
essentially consists of two elements: (1) An agreement
and (2) Legal obligation i.e., a duty enforceable by law.
We shall now examine these elements detail.
1. Agreement. As per section 2 (e): " Every promise
and every set of promises, forming the consideration
for each other, is an agreement." Thus it is clear
from this definition that a 'promise' is an agreement.
What is a 'promise'? the answer to this question is
contained in section 2 (b) which defines the term."
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."

An agreement, therefore, comes into existence only


when one party makes a proposal or offer to the
other party and that other party signifies his assent
(i.e., gives his acceptance)thereto. In short, an
agreement is the sum total of 'offer' and
'acceptance'.
On analyzing the above definition the following
characteristics of an agreement become evident:

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