Oct 14 2023

Difference Between Agreement and Contract

Category: UncategorizedTodd Brackett @ 8:31 am

In the world of legal documents, there are various terms that often confuse people. Two such terms are agreement and contract. Although they may seem similar, they have distinct differences that need to be understood.

An agreement refers to a mutual understanding or arrangement between two or more parties. It can be a verbal or written agreement without any legal implication. On the other hand, a contract is a legally binding document that outlines the terms and conditions agreed upon by the parties involved.

For example, let’s consider a short form business sale agreement. This type of contract is used when someone wants to sell their business. The agreement will include details such as the purchase price, payment terms, and any additional clauses that need to be agreed upon.

Another type of agreement is a facility agreement or a credit agreement. This agreement is commonly used in the banking industry. It outlines the terms and conditions for a credit facility, such as a loan or a line of credit. It is a legally binding contract that both parties must adhere to.

When it comes to international matters, a double taxation avoidance agreement plays a crucial role. This agreement is made between two countries to prevent individuals or companies from being taxed twice on the same income. It helps in fostering trade and investment between the signatory countries.

Additionally, there are agreements that involve confidentiality, such as a non-disclosure agreement. This legally binding contract ensures that sensitive information remains confidential between the parties involved. It is commonly used in business deals and collaborations to protect intellectual property and trade secrets.

Furthermore, a subscription agreement is a contract used in investment deals, particularly in Canada. It outlines the terms and conditions for an investor to subscribe to the securities of a company. It includes details such as the subscription price, number of securities subscribed, and any restrictions or rights associated with the investment.

Aside from these specific agreements, there are also various types of agreements in different industries. For example, airport service level agreements outline the level of service to be provided by an airport to its clients and stakeholders.

Understanding the difference between an agreement and a contract is essential in legal matters. While an agreement is a mutual understanding, a contract is a legally binding document that ensures both parties fulfill their obligations. So, the next time you come across these terms, you’ll be able to differentiate and use them appropriately.