All Agreements Are Valid

December 2, 2020 in Uncategorized by

A contract is a legally binding agreement that exists between two or more parties to do or not to do something. An agreement begins with an offer and ends for compensation, but a contract must achieve another objective, that is, applicability. As a result of this violation, the aggrieved person can appeal against the culprit. So we can say that all contracts are an agreement, but not all agreements are contracts. “All contracts are agreements, but not all agreements are contracts.” This statement can be understood from the Venn diagram above. The agreements, which are enforceable under the law of the country, become contracts designated by the inner circle. The outer circle refers to agreements that are not contracts. The shady part includes agreements that are not enforceable by law and are referred to as non-legal agreements. We come across films about “contract killers” who ask for money to kill people. Have you ever thought, “Does a contract to kill someone for money, a valid contract?” or “Can the man who gives the contract sue the killer and say that the other party has committed a breach of contract by not doing the job even after the payment of the money?” 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. In social situations, there is generally no intention that agreements become legally binding contracts (. B for example, friends who meet at a given time are not a valid contract). For the validity of the contract, Section 10 requires the following essential conditions; for a contract to be valid, it must have four key elements: agreement, capacity, consideration and intent. The parties must exchange some value for the binding nature of a contract. This is called reflection. The reflection should not be reasonable or for the benefit of the other person, it must suffice (z.B. if someone offers to sell his house for nothing, there is no quid pro quo; but if they offer to sell it for $1, then there is a valid consideration). If the agreement is made not to work all life in exchange for a new home, it is not considered a valid contract since it holds the trade in your hand.

If a person who is un capacity has entered into a contract, it is usually up to that person to decide whether to cancel the contract. Case: Jones v/s Padavllon: Where a young girl left the service to take legal training on her mother`s promise to bear the expenses. It was seen as a family affair and not as a binding contract. Thus, we can say that not all agreements are contracts, but not all contracts are agreements. 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 [s.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 Agreement [Sec (30)] (11) Agreements, which are subject to impossible events [P.36)] (12) Agreements on impossible acts [Sec (56] According to the Indian Treaty Act, the following agreements are cancelled- “All contracts are agreements, but not all agreements are contracts” a contract is a legally binding agreement between two or more parties, which, if it contains the elements of a valid legal agreement, is applicable by law [3] or by a binding arbitration procedure.