Agreement and Contract

Introduction

Before learning the difference between agreement and contract, let’s look at both agreements and contract definitions. 

Agreement: An agreement is a promise between two or more parties/people over a common course of action. An agreement is not formal and has no legal implications.

Contract: A contract is a legal bondage/agreement between two or more parties/people forming a mutual obligation. On not completing or following a contract, there can be legal repercussions. The contract takes the agreement to another level of legal binding where both the parties have to cohere the terms of the contract.

What is the Difference between a Contract and an Agreement?

As mentioned above, the major difference between an agreement and a contract is that an agreement is not legally binding; it’s more like a promise between two or more people, whereas a contract is a legally binding document with terms that both the parties need to stick by. 

Requirements

The agreement requires both parties to understand their responsibilities or come to a common understanding of their respective rights in the agreement. This understanding of responsibility and rights in an agreement is called a “meeting of the minds.” The contract requirement is a lot more specific, detailed, and stricter. The following elements are a must for a contract: 

• Offer: Every contract requires an offer made and an acceptance of the said offer from both parties. 
• Consent: The acceptance of the offer should be consensual from both sides without any persuasion or coercion. Everyone involved with the contract should agree to the same terms and intend for the contract to be formed. 
• Exchange of value: There has to be an exchange of value between the individuals for consideration. This exchange could be in the form of goods, services, money, etc. But both parties must provide any form of consideration for the contract to be formed.
• Competence: Both parties need to be aware of the situation and in a state where they can comprehend the contract and its terms. This includes not being under the influence of alcohol or drugs, not being a minor or mentally deficient, anything that can hinder the understanding of the contract.  
• Purpose: The purpose of the contract should fall under legal conduct; otherwise, the court can not draw the contract. 

As long as these terms are met, a contract can be formed under the court of law, and/if any party fails to comply with the terms, the court can take legal actions or compel the party to abide by the contract. 

When is a Contract necessary?

A contract is necessary to protect the rights of both parties included in the agreement. Whether or not they decide on a contract or an agreement is up to the parties, but in some scenarios, a contract is a must-have:

• Buying or selling a property/real estate
• Giving or taking loan/debt
• Leasing a property
• Employment contract
• Other situations involve goods, services, money, or anything of value to the parties involved.

Examples

The perfect example for agreement and contract would be two friends renting a place. An agreement in this situation would be both friends (parties) agree upon splitting the cost of the rent. In this situation, both parties understand their responsibility of paying their half of the rent, but upon failure of payment from one friend, the other will not take legal action here. A contract in this situation would be between the renters (the friends) and the owner of the place. The owner draws a contract where the renters have to pay the rent every first of the month, and upon failure, the owner can take legal actions against them. 

Benefits

One benefit of an agreement that you may not find within a contract is its non-informal nature. Suppose both the parties have a long withstanding relationship with each other and have a sizable degree of trust. In that case, an agreement can save a lot of time and flexibility in completing the agreed obligations. The lack of elements in an agreement is also feasible when drafting a contract may demand a lot from the parties involved. 

The major advantage of a contract is that all the terms that the parties agree upon are spelt out precisely and serve as a guide to the court of law for if/when any party fails to complete their obligations. Even in cases where the party may have a considerable degree of trust, a contract works as an extra layer of protection and assurance that both the parties involved will fulfil the obligations they intended to agree upon. Contracts are usually advisable in uncompromising agreements, such as business matters, because of the protection they provide.

Conclusion

In a nutshell, the difference between an agreement and a contract is that a contract binds you legally to each other while an agreement doesn’t. A contract includes precise rules and terms for both parties to adhere to. If not, the court of law can enforce these terms and regulations, whereas an agreement works on both parties understanding their responsibilities and rights and consenting to the agreement. The contract elements that differentiate it from an agreement are the offer and acceptance of the offer, mutual consent to the offer, exchange of value or consideration, understanding the contract’s terms and conditions, and drawing the contract for legal purposes.