Is An Agreement Enforceable By Law Is A Contract?

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A contract is a legally binding agreement or relationship are exists between two or more parties to do or abstain from performing the certain acts. It must be offer and acceptance for a contract to be formed. An offer must agree by acceptance of which there must be consideration between both parties. Both parties involved must intend to create legal relationship between two parties on a lawful matter which must be entered into freely and should be possible to perform. According to S. 2 (h) , it said that “an agreement enforceable by law is a contract”.

An agreement is a form of cross reference between different parties, which may be in oral, written and lies upon the honor of the parties for its fulfillment rather than being in any way enforceable.
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Agreement is essential for a contract. There is no contract if without an agreement. It also be said “where there is contract, there is agreement without an agreement there can be no contract”. In other words, an agreement gives birth to a contract.

All agreements are not contracts. An agreement to become a contract must give rise to a legal obligation on it. It is not a contract if an agreement is incapable of creating a duty enforceable by law. Then an agreement is a wider term than a contract. Example, a promise to dinner together at a friend’s house is not a contract because they are not likely to create a duty enforceable by law for the simple reason that the parties never intended that they should be attended by legal consequences. According to S. 2 (g) , it said that “an agreement not enforceable by law is said to be
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Unilateral offer is made to a group of person without knowing who is going to accept the offer. In the case of Carlill v Carbolic Smoke Ball (1893) Q.B.256 (C.A.), the Carbolic smoke ball company selling the smoke ball and said that they will reward £100 to the buyer who contracts the influenza after consume the smoke ball by follow the printed directions of the product. The company had deposited £1000 in the Alliance Bank to show their sincerity in the matter. However, Mrs. Carlill purchased some smoke balls and she is caught by flu. She sought to claim the £100 reward but the company refuses to pay because the advert was a sales puff and lacked intent to be an offer. The Court held that Mrs. Carlill was entitled to the reward as the advert constituted an offer of a unilateral contract which she had performed the conditions stated in the

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