All legally applicable agreements are a contract. In other words, only agreements that are legally applicable or that constitute a legal obligation become agreements. There are therefore two essential elements of the treaty: (I) Treaty II) applicability by law. Under paragraph 10 above, all agreements are contracts if they are entered into by the free consent of the parties in accordance with the treaty, for legal consideration and for a legitimate purpose and are not annulled here. An agreement on an illegal act is therefore null and for granted and cannot be enforced in court. It should also be noted that there is a distinction between non-legal and illegal agreements. Any illegal agreement is illegal, but not all non-legal agreements must necessarily be illegal. However, in certain circumstances, certain commitments that are not considered contracts may be applied to a limited extent. If one party relied on the other party`s assurances/promises to its detriment, the court may apply a just doctrine of Promissory Estoppel to compensate the non-injurious party to compensate the party for the amount it received from the appropriate appeal of the party to the agreement. According to Salmond, “a contract is an agreement that creates and defines obligations between the parties.” Sir William Anson: “A contract is a contract which, according to the law, is applicable between two or more persons, by which the rights of one or more of the acts or indulgences on the part of the other or others are acquired.” A contract is intended to formalize an agreement between two or more parties on a particular subject. Contracts can cover a wide range of issues, including the sale of property or real estate, terms of employment or independent contractual relationships, dispute resolution and intellectual property developed as part of a loan work.
In a contract, there must be an agreement and the agreement must be legally applicable. 2. Contracting parties should be able to enter into contracts: in accordance with Section 11, “every person has majority jurisdiction under the law to which he is subject and is reasonable and is not excluded from the signing of the contract by a law to which he is subject.” In other words, a person should not be a minor, should not be uns anything and should not be disqualified from the contract.