Why All Agreements Are Not Contract
An agreement between spouses concluded during their marriage to determine the right to maintenance and property of the other in the event of death or divorce. Such agreements are unenforceable unless each party makes full disclosure of its assets to the other party and has consulted with its own lawyers. Even then, most of these agreements are unenforceable unless they are entered into by spouses who are in the midst of separation or divorce. For example; Mr A is declared insolvent by the court and the court has ordered that he be excluded from the conclusion of the contract. Now Mr. A buys an apartment in several times and does not pay for any. The owner of the apartment cannot sue him because the contract was void. (disqualified from the contract) „A contract is an actionable promise or a promise. Each of these promises consists of two parts, a promiser and a promise, an expression of a common intention and expectation in The Promised Action or Tolerance.
The Indian Contract Act of 1872 can be interpreted as covering all possible types of agreements and contracts. However, in some cases, it depends on the facts and circumstances whether an agreement is a contract or not. In short, all legally enforceable agreements become contracts. From this follows the conclusion that there may be agreements that are not contracts, but that there can be contracts that are not agreements. We meet „hitmen“ in movies who demand money to kill people. Have you ever thought, „Is a contract to kill someone for money a valid contract?“ or „Can the man giving the contract sue the hitman in court and say that the other party committed a breach of contract by not doing the job even after paying the money?“ A contract that has been declared null and void is a contract that has no legal effect. An illegal contract, such as the null contract, has no legal effect between the direct parties, but has the additional effect that the transaction guarantee is affected by the illegality and therefore enforceable. A null contract is a contract that has no legal effect, since a null transaction has no legal effect, it is an abuse of conditions to call transactions a null contract. It can be accurately qualified as an invalid transaction or agreement.
Therefore, according to § 10 of the law, the following conditions must also be essential to make a contract valid: – 1- There should be an agreement between two parties. An agreement is reached when one party makes or receives a proposal and the other party accepts the offer. 2- The parties to the agreement should be able to conclude contracts. 3- There should be legal advice and purpose in relation to the agreement. 4- There should be free consent of the parties when they conclude an agreement. 5- The agreement must not be declared null and void. 9. www.citehr.com/200242-difference-between-agreement-contract.html#axzz17HIJrzRn As stated above, to become a contract, an agreement must create a legal obligation.
If an agreement is unenforceable by law. .