What Is Agreement in Law Definition

Agreements are an essential part of the legal framework of any society. In its simplest form, an agreement is a mutual understanding between two or more parties about a particular matter. However, in law, the definition of an agreement goes beyond this basic understanding.

An agreement is a legally binding contract between two or more parties that outlines their rights and obligations towards each other. It is an enforceable promise made by one party to another with the intention of creating legal relations. This means that if one party fails to fulfill their obligations under the agreement, the other party has the legal right to take action against them.

Agreements can be expressed or implied. An expressed agreement is made through words, either written or spoken. On the other hand, an implied agreement is made through the actions or conduct of the parties involved. For instance, when a person starts working at a company without signing any written contract, an implied agreement is formed, and both parties are bound by it.

Agreements can also be unilateral or bilateral. A unilateral agreement is one where only one party makes a promise or agrees to do something. For example, a reward for finding a lost item is a unilateral agreement. A bilateral agreement is one where both parties agree to do something. For example, a contract between a buyer and a seller is a bilateral agreement as both parties have obligations to fulfill.

In order for an agreement to be legally binding, it must meet certain criteria. These include:

1. Offer and Acceptance: There must be a clear offer made by one party, and a clear acceptance of that offer by the other party.

2. Consideration: There must be a benefit or payment given by one party in exchange for the promise made by the other party.

3. Intention to Create Legal Relations: Both parties must intend to create legal relations.

4. Capacity: Both parties must be legally capable of entering into an agreement.

5. Legality: The subject matter of the agreement must be legal.

In conclusion, an agreement in law is a legally binding contract between two or more parties that outlines their rights and obligations. It can be expressed or implied, unilateral or bilateral, but it must meet certain criteria to be legally enforceable. It is essential for parties to understand the nature and requirements of an agreement before entering into one, as it can have serious legal implications if not properly executed.