All such agreements that meet the requirements set out in Section 10 of the Indian Contracts Act are contracts. Section 10 is as below – This article aims to identify the difference between a contract and an agreement and how an agreement becomes a contract. The agreement can be divided into two categories: „Applicable by law“ [known as a contract]; Not „applicable by law“ [known as cancellation]. Therefore, only these agreements are legally enforceable contracts. These agreements are not concluded and are based on one of the themes mentioned above. There is no liability for non-application of the contract and, therefore, the terms of the contract are not binding on either party. We meet „hitmen“ in movies who ask for money to kill people. Have you ever thought, „Is a contract to kill someone for money, a valid contract?“ or „Can the man giving the contract sue the hitman in court and say that the other party committed a breach of contract by not doing the job even after the money was paid?“ The concept of countervailable contracts: there are certain agreements that can be implemented by one party, but not to the extent possible by other parties. It is for that party to decide whether it is prepared to enforce the treaty or to render it inapplicable, i.e.
null and void. Countervailable agreements are therefore both valid and invalid agreements. The marked scope of countervailable agreements means that they may be considered invalid or cancelled at the discretion of a party and thus cover the scope of valid and invalid agreements. Therefore, any agreement and promise applicable by law is a contract. The Indian Contract Act of 1872 can be interpreted as covering all kinds of possible agreements and contracts. However, in some cases, whether or not an agreement is a contract depends on the facts and circumstances. In short, all legally enforceable agreements become contracts. It follows that there may be agreements that are not contracts, but that there can be contracts that are not agreements.
An agreement between spouses concluded during a divorce on custody, child and spousal support, division of property and other matters.. . . .