The main advantage of contracts is that they define the specific conditions on which the contracting parties have agreed and, in the event of an infringement – if one or more parties do not comply with their obligations – serve as a guide to a court to determine the correct remedy for the aggrieved party or the parties. Even if the parties have a good relationship and trust each other, the use of a contract will provide an additional level of certainty that contractual commitments will be honoured by the intended parties. Contracts are generally advised because of less stringent agreements in all official or commercial cases because of the additional protection they offer. On the other hand, a contract is a formal agreement between two parties, applicable either before a court or through arbitration. Contracts are valid if both parties agree to the terms. A careful letter of the terms of a contract provides the court with a guide to the decision of the case when a party claims an offence. This helps the court determine the merits of the complaint and determine the correct remedy if a party fails to meet its obligations. Can there be an obligation without a contract? An agreement is usually an informal, often unwritten, agreement between two or more parties. The parties simply agree to do or refrain from doing something. There is nothing to ask the parties to respect the terms of the agreement, other than the honour system. An agreement cannot be obtained in court through litigation because it does not have the elements of a contract.
It has absolutely no legal value, although this is often the beginning of contract negotiations. An agreement can only mean that one party accepts the offer of another party. Since this scenario does not involve any consideration, it is not a contract. Other common examples of non-contract agreements are gentlemen`s agreements and unlicensed betting pools. The key element of all contracts is that they are legally unenforceable. There is an old statement: “All contracts are an agreement, but not all agreements are contracts,” which means that the agreement is different from a contract. Without knowing it, we make hundreds of agreements every day that may or may not be legally engaged. Those that bind us legally are called contracts, while the rest is an agreement. Common examples of contracts are confidentiality agreements, end-user licensing agreements (although both known as “agreements”), employment contracts and accepted orders. No matter how it is designated, as long as an agreement contains the necessary elements of a contract listed above, a court may impose it as such. The agreements and contracts are similar, but certainly not the same.