All Agreements Are Not Contract But All Contracts Are Agreements . Comment

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Legally, a contract is a legally binding agreement between two or more parties which, if it contains the elements of a valid legal agreement, is enforceable by law [3] or by binding arbitration. A legally enforceable contract is an exchange of specific commitments and remedies in the event of an infringement. These may be compensatory funds for which the defaulting party is required to pay funds that would otherwise have been exchanged in the case of a contract, or an appropriate remedy, such as the special benefit, in which the person who entered into the contract is required to take the specific act that he did not perform. All of these agreements that comply with the conditions mentioned in Section 10 of the Indian Contracts Act are contracts. Section 10 is as if it is under – A spousal agreement that was reached during a divorce on custody of children, assistance to children and spouses, distribution of property and other matters. Such agreements are generally included in the parties` divorce decree. See the separation agreement. There are certain agreements that are expressly cancelled. They are written as follows: (1) Agreement by a minor or an unhealthy-minded person. [Sec.11] (2) Agreement whose consideration or purpose is unlawful [p.23)] (3) Agreement reached as a result of a bilateral factual error essential to the agreement[20] (4) Agreement whose consideration or purpose is partially unlawful and the illegal part cannot be separated from the legal part [p.24] of the Agreement. No quid pro quo. [Sec 25)] (6) Agreement on the Limitation of Marriage [p.26)] (7) Trade Restriction Agreement [section (27)] (8) Agreement on limitations of judicial proceedings [p.28)] (9) Agreement, whose meaning is uncertain [para.

29)] (10) Wage Agreements [Sec (30)] (11) Agreements that depend on impossible events [S.S.36)] (12) Agreements on Impossible Acts [S.A. (56)] 5. Hans Wehberg, Pacta Sunt Servanda, The American Journal of International Law Vol. 53, No. 4 (Oct., 1959), 775.; principle of treaty sanctity A contract is an agreement that creates and explains responsibility between the parties. Under Section2b of the Contracts Act, a legally enforceable agreement is contractual. It is therefore clear that the contract consists of two elements: `An agreement` – The agreement should be legally applicable. At the time of an agreement, if a person is of an unhealthy mind or is disqualified by law; the agreement is considered inconclusive. On the other hand, an agreement with a minor is not concluded from the outset and therefore cannot be enforced. For example, if a 7-year-old boy buys an ice cream; although he enters into an agreement with the ice cream seller, he is not considered a contract, since he is a minor; The game is not in a position to be treated.

(little) The Indian Contract Act of 1872 can be interpreted as covering all possible agreements and contracts. However, in many cases, whether or not an agreement is a contract depends on the facts and circumstances. In short, all legally enforceable agreements become contracts. As a result, there may be agreements that are not contractual, but there cannot be contracts that are not agreements.

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