Difference between Contract and Agreement | Law Exams

 DIFFERENCE BETWEEN CONTRACT AND AGREEMENT


Aspect Contract Agreement
Definition A legally binding agreement enforceable by law. A mutual understanding or arrangement between two or more parties.
Essential Elements Offer, acceptance, consideration, intention to create legal relations, and capacity of the parties. Offer and acceptance.
Consideration
There must be consideration while forming the contract.

Agreements can be formed without consideration.
Defined under 

Section 2 (h) of the Indian Contract Act, 1872. Section 2 (e) of the Indian Contract Act, 1872.
Enforceability

Legally enforceable by the parties involved. May or may not be legally enforceable.
Legal Obligations

Creates legal obligations between the parties. May or may not create legal obligations, depending on the intention.
Nature of Parties

Parties can be individuals, companies, or entities. Parties can be individuals, companies or entities.
Legal ConsequencesBreach of contract may lead to legal remedies or damages.Breach of agreement may not have the same legal consequences as a contract
Written/Formal Requirement

Some contracts must be in writing and comply with specific formalities. Agreements can be oral or written, and formalities may not be necessary.

Registration


Some contracts require registration, e.g., sale of immovable property Agreements generally do not requure registration.
Mutual Consent

Requires mutual consent of the parties involved.
Requires mutual consent of the parties involved.
Intention to be LegalMust have an intention to create legal relations. May or may not have an intention to create legal relations.