| Aspect | Agreement | Contract |
|---|---|---|
| Enforceability | May or may not be enforceable | Must be enforceable by law |
| Legal obligation | May create only social/moral duty | Creates legal rights and obligations |
| Statutory definition | S. 2(e), ICA | S. 2(h), ICA |
| Validity requirements | Can exist even if essentials are missing | Must satisfy S. 10 (free consent, competence, lawful consideration/object, not expressly void) |
| Competency of parties | May be between incompetent parties (then unenforceable) | Parties must be competent (S. 11) |
| Effect of unlawfulness | Can be unlawful understanding (not enforceable) | Cannot be enforced if unlawful (S. 23) |
| Consideration | May exist without consideration (generally unenforceable) | Without consideration generally void (S. 25) |
| Result of breach | If not enforceable → no legal remedy | Breach gives remedies (S. 73–75) |
| Scope | Wider concept | Narrower concept (only enforceable agreements) |
Agreement vs Contract
< 1 min read
Updated on 19 January 2026
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