No
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Contract
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Agreement
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1)
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Contract emerges from an agreement
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Agreement emerges from consent of the parties.
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2)
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Definition :
Section 2(h) of the Indian Contract Act 1872 defines Contract as –
“An agreement enforceable by law is a Contract”
According to Section 10 of the Indian Contract Act, 1872 –
All agreements
are contracts if they are made by the free consent of the parties competent
to the contract, for a lawful consideration and with a lawful object, and are
not hereby expressly declared to be void.
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Definition :
Section 2(e) of the Indian Contract Act Defines agreement as –
“Every promise and every set
of promises, forming the consideration for each other is an agreement”
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3)
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Contract = Agreement + Enforceability.
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Agreement = Offer + Acceptance
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4)
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For the formation of a contract there must be –
i) An agreement and
ii) The agreement should be enforceable by
law.
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To constitute an agreement there must be –
i) Two or more parties
ii) A proposal/ offer from one party / Person
and acceptance from the other person / Party.
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5)
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Contract is always legal and is enforceable by law
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Agreement may be moral and may not be enforceable by law.
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6)
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Every contract is an agreement
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Every agreement is not a contract
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See also
1) Difference / Distinction between Void and Voidable Contracts
2) Difference / Distinction between Coercion and Undue Influence
3) Difference / Distinction between Contract of Indemnity and Guarantee
4) Distinction/ Difference between Bailment and Pledge
5) Distinction / Difference between General offer and Specific offer
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