Question

QUESTION:An agreement between the parties is an essential

element of a contract, but any such agreement does not form a valid
contract.
Do you agree with this statement? Justify your answer with
reference to relevant case law.​

Answer 1

Yes

All agreement are contract, but not all agreement are contract.

Step-by-step explanation:

All agreement are contract, but not all agreement are contract. If an agreement fails to create legal obligation, then it cannot become a contract.

An agreement is created when there is a mutual understanding between parties. It can either be have a legal backing or not.

A contract is a written or express legally binding agreement between parties to perform a task or obligation.

For an agreement to become a contract, it must be legally binding between the parties. Just as in the case of (CARLILL V CARBOLIC SMOKE BALL CO (1893). It was held that no contract existed between the parties because the agreement is not enforceable under the law.