Tusaidiane;All contracts are agreements but not all agreements are contracts?

Tusaidiane;All contracts are agreements but not all agreements are contracts?

zubedayo_mchuzi said:
Sitaki majibu nahtaji knowledge,zaidi
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BWANA MDOGO SIKIA,

we say all contracts are agreements but not all agreements are contracts because an agreement may not be enforciable by law while a contract is beyond mere agreements SINCE A CONTRACT IS ENFORCIABLE BY LAW. this is because, in order for it to be termed "contract" it must have certain elements such as offer and acceptance, consideration, permissible subject matter, legal age and mental ability to enter into a contract and finally one must have an intention to form a contract.

  1. Capacity of the parties to enter into contractual agreement. Anyone can enter into a contract, except minors, certain felons and people of unsound mind. The contract must identify who the parties are; usually names are sufficient, but sometimes addresses or titles may be used. In sales agreements, for example, in addition to names, "seller" and "buyer" are sometimes used to further describe the parties.
  2. Consent. A valid contract also requires the parties' consent, which must be free, mutual and communicated to each other. Consent is not free when obtained through duress, menace, fraud, undue influence or mistake. Books have been written about the complexities of those factors. Obviously, a person who signs a contract because there's a gun pointed at his head hasn't consented to the agreement and can rescind it. All cases, of course, are not that clear-cut, and the law must applied to each individual case. Also, consent isn't mutual unless the parties agree on the same thing in the same sense. This is often referred to as a "meeting of the minds." Generally, there's an offer and an acceptance communicated by the parties.
  3. Lawful Object. The thing being agreed to is also known as the object or subject. It must be lawful, possible and definite. A court, for example, will not enforce a contract to perform an illegal act. Drug deals often go wrong, but a person who pays for drugs that aren't delivered can't seek the help of a court in getting the money back.
  4. Consideration. All contracts require consideration, meaning each party must gain something. It may be something that is or isn't done or given. When a party agrees to do something (paint your house) or to not do something (not sell their house to anyone else for 30 days) they must gain something. Generally, if I say I'll paint your house, and you haven't promised me anything in return, you can't sue me for not showing up because I haven't received any consideration. Volumes have been written about this aspect of contracts as well.
mengine malizia mwenyewe, min nimetingwa na kazi hapa
 
Further to what To add more of what Idunda said, a CONTRACT is an agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal obligations is that they are based on the agreement of the contracting parties. This proposition remains generally true, even though it is subject to a number of important qualifications
The first such qualification is that the law is often concerned with the objective appearance, rather than with the actual fact, of agreement: a person is bound "whatever [his] real intention may be", if "a reasonable man would believe that he was assenting to the terms proposed by the other party and that other party upon that belief enters into a contract with him"
Therefore agreement is not the sole factor which determines the legal effects of a contract once it is shown to exist. But it remains an important factor. For example, the intention of the parties determines whether a statement made at the time of contracting has contractual force or is a mere representation.

Mengine kachimbe uongezee tafuta na cases ujazie

IDUNDA said:
BWANA MDOGO SIKIA,

we say all contracts are agreements but not all agreements are contracts because an agreement may not be enforciable by law while a contract is beyond mere agreements SINCE A CONTRACT IS ENFORCIABLE BY LAW. this is because, in order for it to be termed "contract" it must have certain elements such as offer and acceptance, consideration, permissible subject matter, legal age and mental ability to enter into a contract and finally one must have an intention to form a contract.

  1. Capacity of the parties to enter into contractual agreement. Anyone can enter into a contract, except minors, certain felons and people of unsound mind. The contract must identify who the parties are; usually names are sufficient, but sometimes addresses or titles may be used. In sales agreements, for example, in addition to names, "seller" and "buyer" are sometimes used to further describe the parties.
  2. Consent. A valid contract also requires the parties' consent, which must be free, mutual and communicated to each other. Consent is not free when obtained through duress, menace, fraud, undue influence or mistake. Books have been written about the complexities of those factors. Obviously, a person who signs a contract because there's a gun pointed at his head hasn't consented to the agreement and can rescind it. All cases, of course, are not that clear-cut, and the law must applied to each individual case. Also, consent isn't mutual unless the parties agree on the same thing in the same sense. This is often referred to as a "meeting of the minds." Generally, there's an offer and an acceptance communicated by the parties.
  3. Lawful Object. The thing being agreed to is also known as the object or subject. It must be lawful, possible and definite. A court, for example, will not enforce a contract to perform an illegal act. Drug deals often go wrong, but a person who pays for drugs that aren't delivered can't seek the help of a court in getting the money back.
  4. Consideration. All contracts require consideration, meaning each party must gain something. It may be something that is or isn't done or given. When a party agrees to do something (paint your house) or to not do something (not sell their house to anyone else for 30 days) they must gain something. Generally, if I say I'll paint your house, and you haven't promised me anything in return, you can't sue me for not showing up because I haven't received any consideration. Volumes have been written about this aspect of contracts as well.
mengine malizia mwenyewe, min nimetingwa na kazi hapa
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Ili agreement iwe contract ni lazima itimize masharti fulani kwa mfano lazima iwe legal. So tukikubaliana tukavunje NMB kesho hiyo ni agreement lakini kwa kuwa sio legal basi haiwezi kuwa contract.

Na obviously contract yoyote ni agreement inayotimiza masharti ya kuwa contract so lazima contract iwe agreement.
 
Mwananchi said:
Further to what To add more of what Idunda said, a CONTRACT is an agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal obligations is that they are based on the agreement of the contracting parties. This proposition remains generally true, even though it is subject to a number of important qualifications
The first such qualification is that the law is often concerned with the objective appearance, rather than with the actual fact, of agreement: a person is bound "whatever [his] real intention may be", if "a reasonable man would believe that he was assenting to the terms proposed by the other party and that other party upon that belief enters into a contract with him"
Therefore agreement is not the sole factor which determines the legal effects of a contract once it is shown to exist. But it remains an important factor. For example, the intention of the parties determines whether a statement made at the time of contracting has contractual force or is a mere representation.
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Haya ni maneno yako mwenyewe au umeyanakili sehemu? Sema ukweli....
 
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