The Old Testimony in interpreting/defining the concepts of Law, lacks its contingency in proving the ultimate nature especially while on Litigation. One among them is the definition in defining the difference between the legal jargon/term “Agreement” and “Contract”.
The old Interpretation (Actionable at present) quotes/defines the word “Contract” as an agreement enforceable by Law. This means that only Contracts are enforceable by Law and not Agreements. Then why the word, the expression, the Act “Agreement” has been derived, when it can’t enforce itself in the court of Law (the whole utilities that come under the preview of agreements). Why a word be used to define an act or action which can’t itself be enforced and has the same sense. The finding of our ancestors always has the sense of proving its contingency and the inadequacy influencing the mistake in dictation, is the language which is not same as it was in the past.
The difference between the Words Contract and agreement should be interpreted as two different words of same sense but with different nature. This is how it was designed to be…..
The word Agreement was designed to be as - The Act (understanding) of agreeing the terms or covenants mutually by the parties, before the point of commencement or performance of the agreed act.
The word Agreement = Agreed + means, whereas the “Means” refers to the Covenants or terms. Simply to say, agreed to do the means or a Pre-Act of understanding the doings.
Contract: The word Contract arises only on the point of commencement or performance of the agreed act quoted in the agreement.
To influence the word “Contract” an act is required compulsorily to fulfill the means and to differentiate the nature of two different words/acts/concepts/jargons of the same sense. In other words “an Agreement” is software required to operate the Hardware “The Contract” or only on the guidance of the mental Act – “An Agreement” the physical act – “The contract” can assure success.
We were always taught to think big which should not be a practice, while on expressing. Being SIMPLE is the only hope which throws light on the knowledge unknown.
