what is agreement in law

what is agreement in law

1 year ago 64
Nature

In law, an agreement is a manifestation of mutual assent by two or more persons to one another. It is a meeting of the minds in a common intention, and is made through offer and acceptance. An agreement can be shown from words, conduct, and in some cases, even silence. Agreements are often associated with contracts; however, "agreement" generally has a wider meaning than "contract," "bargain," or "promise". A contract is a form of an agreement that requires additional elements, such as consideration, and is enforceable by law.

The essential elements required for a contract to be legally enforceable are: mutual assent, offer, acceptance, consideration, legal capacity, and the agreement is expressed with the required level of certainty and completeness. Jurisdictions differ on their use of "agreement" in denoting a legally enforceable contract. For example, in Pennsylvania, an agreement has been defined as an enforceable contract wherein the parties intend to enter into a binding agreement. However, the agreements essential terms need to be certain enough to act as a basis when determining whether there has been a breach. Additionally, an agreement to agree is not enforceable.

In summary, an agreement is a meeting of the minds between two or more parties, while a contract is a legally enforceable agreement that requires additional elements such as consideration.

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