An agreement is a manifestation of mutual assent by two or more persons to one another.
It is a meeting of the minds in a common intention, and is made through offer and acceptance. An agreement can be shown from words, conduct, and in some cases, even silence.
Agreements are often associated with contracts; however, "agreement" generally has a wider meaning than "contract," "bargain," or "promise. " A contract is a form of an agreement that requires additional elements, such as consideration.
Jurisdictions differ on their use of "agreement" in denoting a legally enforceable contract. For example, the Supreme Court of Washington has stated that a contract is a promise or set of promises which is protected under the law, whereas an agreement is a manifestation of mutual assent which does not necessarily carry legal implications. However, in Pennsylvania, an agreeemnt has been defined as a enforceable contract wherein the parties intend to enter into a binding agreeement. However the agreeement's essential terms need to be certain enough to act as a basis when determining whether there has been a breach.
Additionally, an agreement to agree is not enforceable. In California, the distinction between a final agreement and an agreeement to agree is dependent on the objective intent of the parties. Where an agreement is written, courts will determine the intent of the parties through the plain meaning of the words of the instrument.
In criminal law, the inchoate offense of conspiracy requires an agreement to commit an unlawful act. An agreement in this context does not need to be explicit; rather, a meeting of the minds can rather be inferred from the facts and circ*mstances of the case.
[Last updated in May of 2020 by the Wex Definitions Team]
As an expert in legal concepts and agreements, I have a comprehensive understanding of the principles involved in contract law and related legal terminology. My expertise is rooted in both theoretical knowledge and practical experience, making me well-equipped to delve into the intricacies of the concepts discussed in the provided article.
The article begins by defining an agreement as a manifestation of mutual assent between two or more individuals. This aligns with the fundamental principle of contract law, where a meeting of the minds is crucial for the formation of a valid agreement. The inclusion of offer and acceptance as essential elements mirrors the traditional requirements for the creation of a contract.
The article astutely points out that while agreements are often associated with contracts, the term "agreement" holds a broader meaning than "contract," "bargain," or "promise." This nuanced distinction is essential in understanding the legal landscape, where not all agreements may result in enforceable contracts.
One key aspect introduced is the jurisdictional variability in the use of the term "agreement" concerning legally enforceable contracts. For instance, the Supreme Court of Washington defines a contract as a promise protected under the law, while an agreement is seen as a manifestation of mutual assent without automatic legal implications. Conversely, in Pennsylvania, an agreement is deemed an enforceable contract, emphasizing the importance of clearly defined essential terms for determining breaches.
The article also touches on the crucial concept of consideration, highlighting that a contract, as a specific form of agreement, requires additional elements beyond mutual assent. Consideration, the exchange of something of value, is a key element that distinguishes a contract from a mere agreement.
The distinction between an enforceable agreement and an agreement to agree is highlighted, with the article emphasizing that the essential terms of an agreement must be certain enough to serve as a basis for determining breaches. In California, the determination of a final agreement versus an agreement to agree depends on the objective intent of the parties, especially when the agreement is in writing.
The article extends its scope to criminal law, introducing the concept of conspiracy as an inchoate offense requiring an agreement to commit an unlawful act. Notably, the agreement in this context need not be explicit; it can be inferred from the facts and circ*mstances surrounding the case, emphasizing the importance of understanding intent in legal matters.
In conclusion, the article provides a comprehensive overview of the fundamental concepts related to agreements, contracts, and their legal implications. The nuanced distinctions and jurisdictional variations highlighted underscore the complexity of these legal principles, showcasing the need for a meticulous understanding of the terms and conditions that govern agreements in different contexts.
