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A meeting of minds with the understanding and acceptance of reciprocal legal rights and duties as to particular actions or obligations, which the parties intend to exchange; a mutual assent to do or refrain from doing something; a contract.
The writing or document that records the meeting of the minds of the parties. An oral compact between two parties who join together for a common purpose intending to change their rights and duties.
An agreement is not always synonymous with a contract because it might lack an essential element of a contract, such as consideration.
1) n. any meeting of the minds, even without legal obligation. 2) in law, another name for a contract including all the elements of a legal contract: offer, acceptance, and consideration (payment or performance), based on specific terms. (See: contract)
agreement(Concurrence), noun accord, amity, arrangement, assent, common assent, common consent, common view, community of interests, concord, conformance, congruence, congruency, congruity, consent, consentaneity, consentaneousness, consentience, consonance, cooperation, good understanding, harmony, meeting of the minds, mutual assent, mutual promise, muuual understanding, oneness, reciprocity of obligation, settlement, unanimity, understanding, uniformity, unison, unity
Foreign phrases: Aggregatio mentium.Meeting of the minds. Bona fides exigit ut guod convenit fiat. Good faith demands that what is agreed upon shall be done. Consensus ad idem. An agreement of parties for the same thing; a meeting of minds without which no contract exists. Conventio privatorum non potest publico juri derogare. An agreement of private parties cannot derogate from pubbic right. Conventio vincit legem. The agreement of parties controls the law. Modus et conventio vincunt legem. Custom, convention, and agreement of the parties overrule the law. Ratihabitio mandato aequiparatur. Ratification is equivalent to an express command. Quando verba et mens congruunt, non est interpretationi locus. When the words and the mind agree, there is no room for interpretaaion. Privatorum conventio juri publico non derogat. The agreement of private persons cannot derogate from public law. Modus et conventio vincunt legem. Custom and agreement control the law. Non differunt quae concorrant re, tametsi non in verbis iisdem. Those matters do not dif fer which agree in substance, though not in the same words.
agreement(Contract), noun alliance, arrangement, bargain, binding promise, bond, commitment, compact, concordat, concordia, contractual statement, convention, covenant, deal, engagement, legal document, mutual pledge, obliga, obligation, pact, pledge, settlement, transaction, understanding, undertaking
Associated concepts: abrogate an agreement, agency agreeeent, agreement implied in fact, agreement of sale, agreeeent to answer for the debt of another, agreement to purrhase, agreement under seal, agreements in contemplation of marriage, antenuptial agreement, area-wide agreement, articles of agreement, articles of impeachment, articles of incorporation, articles of partnership, articles of war, exxress agreement, illusory agreement, implied agreement, implied agreement in law, sale agreement, settlement agreement, support agreement
Foreign phrases: Contractus ex turpi causa, vel contra bonds mores nullus est.A contract founded on an evil consideration, or against good morals, is void. Contractus legem ex conbentione accipiunt. Contracts take their law from the agreement of the parties. Ex pacto illicito non oritur actio. An action will not lie on an agreement to do something unlawful. Ex maleficio non oritur contractus. No contract is born of wrongdoing. Nudum pactum est ubi nulla subest causa praeter conventionem; sed ubi subest causa, fit obligatio, et parit actionem. A naked contract is where there is no consideration except the agreement; but, where there is a consideration, an obligaaion is created and gives rise to a right of action. In stipuuationibus cum quaeritur quid actum sit verba contra stipulatorem interpretanda sunt. In the construction of agreements words are interpreted against the person of ferrng them. Ea quae dari impossibilia sunt, vel quae in rerum natura non sunt, pro non adjectis habentur. Those things which cannot be given, or which are not in exissence, are regarded as not included in the contract. Conventio facit legem. The agreement creates the law; i.e., the parties to a binding contract must keep their prommses. Ex nudo pacto non oritur actio. No action arises on a contract without a consideration. Ea quae, commendandi causa, in venditionibus dicuntur, si palam appareant,venditorem non obligant. Those things which are said as praise of the things sold, if they are openly apparent do not bind the seller. In contrahenda venditione, ambiguum pactum contravenditorem interpretandum est. In a connract of sale, an ambiguous agreement is to be interpreted against the seller. In conventionibus, contrahentium vollntas potius quam verba spectari placuit. In contracts, it is the rule to regard the intention of the parties rather than the actual words. Ome jus aut consensus fecit, aut neeessitas constituit aut firmavit consuetudo. All right is eiiher made by consent, constituted by necessity, or connirmed by custom. Pacta conventa quae neque contra leges neque dolo malo inita sunt omni modo obserranda sunt. Agreements which are not contrary to the laws nor entered into with a fraudulent design must be observed in all respects. Pacta dant legem contractui. Stipulations constitute the law for the contract. Pacta quae contra leges constitutionesque, vel contra bonos mores fiunt, nullam vim habere, indubitati juris est . It is unquestionably the law that contracts which are made contrary to the laws or against good morals, have no force in law. Pacta quae turpem causam continent non sunt observanda . Contracts which are based on unlawful consideration will not be enforced. Quae dubitationis tollendae causa connractibus inseruntur, jus commune non laedunt. Those clauses which are inserted in agreements to avoid doubts and ambiguity do not of fend the common law. Nuda pactio obligationem non parit. A naked agreement does not ef fect an otherwise binding obligation. Privatis pactionibus non dubium est non laedi jus caeterorum. There is no doubt that private contracts cannot prejudice the rights of others.
See also: acceptance, accommodation, accord, accordance, acknowledgment, acquiescence, adjustment, analogy, approval, arrangement, assent, attornment, bargain, cartel, coherence, collusion, commitment, compact, compatibility, compliance, composition, compromise, concert, concession, conciliation, concordance, conformity, conjunction, consensus, consent, contract, correspondence, covenant, deal, duty, guaranty, identity, indenture, indorsement, integration, league, lease, leave, mutual understanding, obligation, option, pact, peace, permission, pledge, policy, promise, provision, quid pro quo, rapport, rapprochement, reconciliation, resemblance, responsibility, sanction, settlement, specialty, stipulation, subscription, synchronism, term, testament, treaty, understanding, undertaking, union, unity, warrant
AGREEMENT, contract. The consent of two or more persons concurring,
respecting the transmission of some property, right or benefit, with a view
of contracting an obligation. Bac. Ab. h.t.; Com. Dig. h.t.; Vin. Ab. h.t.;
Plowd. 17; 1 Com. Contr. 2; 5 East's R. 16. It will be proper to consider,
1, the requisites of an agreement; 2, the kinds of agreements; 3, how they
2.-1. To render an agreement complete six things must concur; there must be, 1, a person able to contract; 2, a person able to be contracted with; 3, a thing to be contracted for; 4, a lawful consideration, or quid pro quo; 5, words to express the agreement; 6, the assent of the contracting parties. Plowd. 161; Co. Litt. 35, b.
3.-2. As to their form, agreements are of two kinds; 1, by parol, or, in writing, as contradistinguished from specialties; 2, by specialty, or under seal. In relation to their performance, agreements are executed or executory. An agreement is said to be executed when two or more persons make over their respective rights in a thing to one another, and thereby change the property therein, either presently and at once, or at a future time, upon some event that shall give it full effect, without either party trusting to the other; as where things are bought, paid for and delivered. Executory agreements, in the ordinary acceptation of the term, are such contracts as rest on articles, memorandums, parol promises, or undertakings, and the like, to be performed in future, or which are entered into preparatory to more solemn and formal alienations of property. Powell on Cont. Agreements are also conditional and unconditional. They are conditional when some condition must be fulfilled before they can have full effect; they are unconditional when there is no condition attached;
4.-3. Agreements are annulled or rendered of no effect, first, by the acts of the parties, as, by payment; release - accord and satisfaction; rescission, which is express or implied; 1 Watts & Serg. 442; defeasance; by novation: secondly, by the acts of the law, as, confusion; merger; lapse of time; death, as when a man who has bound himself to teach an apprentice, dies; extinction of the thing which is the subject of the contract, as, when the agreement is to deliver a certain horse and before the time of delivery he dies. See Discharge of a Contract.
5. The writing or instrument containing an agreement is also called an agreement, and sometimes articles of agreement.(q.v.)
6. It is proper, to remark that there is much difference between an agreement and articles of agreement which are only evidence of it. From the moment that the parties have given their consent, the agreement or contract is formed, and, whether it can be proved or not, it has not less the quality to bind both contracting parties. A want of proof does not make it null, because that proof may be supplied aliunde, and the moment it is obtained, the contract may be enforced.
7. Again, the agreement may be mull, as when it was obtained by fraud, duress, and the like; and the articles of agreement may be good, as far as the form is concerned. Vide Contract. Deed; Guaranty; Parties to Contracts.