This article was written by Anjali Dhingra, IInd Jahr Student, B.B.A. LL.B, Symbiosis Law School, NOIDA. In this article, the author discusses contracts and agreements and the difference between the two. The article also deals with what contracts are and what is not. An agreement between spouses reached during their marriage to determine the right to assistance and the property of the other in the event of death or divorce. Such agreements are not applicable unless each party makes a full disclosure of its assets and consults with its own lawyers. Even then, most of these agreements are unenforceable unless they are entered into by spouses in the midst of separation or divorce. Under the Indian Contract Act, the following agreements are struck down – The Indian Contract Act, 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.
„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. These agreements are not concluded, which are based on one of the above themes. There is no liability for non-performance of the contract and, therefore, the terms of the contract are not binding on any of the parties. 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. This statement is made by Anson, which stresses that there will be no contract without an agreement, so the existence of a contract means the existence of an agreement. Each contract involves an agreement, so each contract is an agreement. Mr.
Anson believes that not all agreements are contract-related, as a contract requires compliance with certain legal conditions, the agreements that meet these conditions are contracts; and agreements that do not meet the conditions are not contractual. That is how it was said that not all agreements are contracts. 5. Hans Wehberg, Pacta Sunt Servanda, The American Journal of International Law, Vol. 53, No. 4 (Oct., 1959), 775.; Trans-Lex.org principle of the sanctity of contracts EXPLICITELY DEclared VOID AGREEMENT there are certain agreements that are expressly annulled. 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 (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 [p.27)] (8) Agreement on Restrictions on Judicial Procedures [p.28)] (9) Agreement, Their meaning is uncertain [para.29)] (10) Pari [Sec (30)] (11) Agreements that depend on impossible events [S.S.36)] (12) Agreements on Impossible Acts [Sec (56)] The notion of non-execrable treaties: There are certain agreements that may be imposed by one party, but not on the option of other parties.