An agreement, which can be enforced through the courts of law, is called a contract. an agreement to play cards or go to a cinema. Some agreements cannot be enforced through the courts of law, e.g. An agreement comes into existence whenever one or more persons promise to one or others, to do or not to something,” Every promise and every set of promises, forming the consideration for each other, is an agreement-Sec: 2(e). Section 2(h) of the Indian Contract Act provides that, “An Agreement Enforceable by law is a contract”. Some times signed contracts are also not enforceable if we dint have legal intention at the time of signing contract. I don’t think so it is important to have something written when you are in contract. By law a judge is going to make me give you the money if there is proof of contract. If you give me the tree and I do not give you the money we agreed upon that is a breach of contract. When 2 or more people make a contract they are in agreement to give each other something for something e.g. A contract is an agreement enforceable by law: Although human action cannot be reduced to the uniformities of nature, men have yet endeavored to reproduce by law something approaching to this uniformity”. Anson observes as follows: “The object of law is order, and the result of order is that men are enabled to look ahead with some sort of security as to the future. Woodrow Wilson ” law is that portion of the established habit and thought of mankind which has gained distinct and formal recognition in the shape of uniform rules backed by the authority and power of the government”. Some contracts are required to be in writing in order to be enforced. The agreement can be formal, informal, written oral or just plain understood. Section 2 (c) of contract Act 1872 defines agreements as “every promise and every set of promises forming the consideration for each other”. Thus there are two essential elements in a contract viz (i) an agreement, and that must be (ii) enforceable in law. Contract Act 1872, section 2 (h) defines a contract as “an agreement enforceable in law”.
Contracts mean agreeing on specific matters weather those are national or international aspects of agreements or not. Contracts and agreements are related in so many significant ways. Salmond “Law is the body of principles recognized and applied by the state in the administration of Justice”. According to Holland ², Law is, “a rule of external human action enforced by the sovereign political authority”. Law means, as it is, is the command of the Sovereign. “An agreement is regarded as a contract when it is enforceable by law”.
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