User:Unique guru

'All contracts are agreement, but all agreements are not contract? Explain.'

Contract:

Under section-2(h) of the indian contract act, 1872.

"An agreement enforceable by law is a contract."

Contract = Agreement + Enforceable by law.

"A contract consists of an actionable promise & promises. Every such promise involve two parties, a promisor & promisee, an express of the common intention & expectation as to the act.

Agreements:

Under section-2(e) of the indian contract act, 1872.

"Every promise & every set of promises, forming the consideration of each other, is an agreement."

Agreement = Promises + Consideration.

Promises:

Under section-2(b) of the indian contract act, 1872.

"When one person to whom the proposal is made, signifies his assent thereto, the proposal is said to be accepted. A proposal when accepted, become a promise."

Promise = Offer by one person + Accepted by other person.

Enforceability of agreements(Section-10):

"All agreements are contracts, if they are made by the free consent of parties, competent to contract, for a lawful consideration & lawful object, & are not hereby expressly declared to be void."

Contract is required to be made in writing, or in the presence of witness, or any law relating to the registration of documents.

Free consent:

They must have agreed to something in the same sence & consent of the party must not have been obtained by coercion, undue influence, fraud, misrepresentation, or mistake.

Coercion(Section-15):

Coercion means forcing a person to do something that they would not normally do by making threats against there safety, or well-being, or their relatives or property.

Undue influence(Section-16):

Undue influence occurs when an individual is able to persuade another's decisions due to the relationship between the two parties.

Fraud(Section-17):

Wrongful or criminal deception intended to result in financial or personnal gain.

Misrepresentation(Section-18):

Fraudulent, negligent, innocent misstament, or an incomplete statement, of a material fact.

Mistake:

Where both the parties to an agreement are under a mistake as to a matter of fact esseential to the agreement, the agreement is void.

Competent of parties:

According to section-11 & 12 of the act, following persons are not competent to contract:


 * Minors
 * Persons of unsoundmind.
 * Persons disqualified from contracting by any law.

Lawful consideration & lawful object(section-23):

Consideration or object is said to be unlawful if :

Consideration(Section-25):

The agreement must be made for some consideration, except certain conditions enumerated in section-25.

The agreement must not have been expressly declared to be void:


 * Mistake of fact(Section-20).
 * Agreement without consideration(Section-25).
 * Agreement in restaint of marraige(Section-26).
 * Agreement in restraint of trade(Section-27).
 * Agreement in restraint of judicial proceeding(Section-28).

Conclusion:

So we can say that, all contracts are an agreements, but all agreements are not a contract.