comte
JF-Expert Member
- Dec 11, 2011
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- 5,950
Kwa elimu ya awali kabisa ya sheria inayohusiana na mkataba kile kilichopelekwa bungeni na kuzaa azimo la bunge hakina sifa ya kuitwa mkataba (contract) bali ni makubaliano (agreement). Wasomi wetu wa sheria wamepitwaje na jambo hili la msingi kiasi cha kutumia vigezo vya mkataba kuhukumu makubaliano?
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Both an agreement and a contract require that the parties be on the same page when it comes to who is doing what, who gets what in return, and when any necessary actions will take place. Both agreements and contracts are recognized to be arrangements between two or more parties to perform certain responsibilities.
The critical difference is that contracts are recognized as legally enforceable promises to perform. Some agreements—such as clickwrap agreements—have been held to be legally enforceable, but those agreements must have certain legal terminology that indicates the parties’ intent to enter into a binding agreement.
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Agreements vs. contracts: The same, but different
An agreement is a prelude to a contract. The “meeting of minds” that defines both an agreement and a contract is an essential part of both. One of the valid reasons to cancel a contract is a mutual mistake. This can occur when—despite both parties believing they agree on a fact or clause—one or both of them are wrong.Both an agreement and a contract require that the parties be on the same page when it comes to who is doing what, who gets what in return, and when any necessary actions will take place. Both agreements and contracts are recognized to be arrangements between two or more parties to perform certain responsibilities.
The critical difference is that contracts are recognized as legally enforceable promises to perform. Some agreements—such as clickwrap agreements—have been held to be legally enforceable, but those agreements must have certain legal terminology that indicates the parties’ intent to enter into a binding agreement.