Consuting Contract

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Consulting Contract

Agreement
• The terms “agreement” and “contract” are often used
interchangeably, but they aren't necessarily the same thing.
• A contract is a specific agreement – usually in writing and signed –
with terms and conditions that are enforceable in court.

• An agreement may fall short of being an enforceable contract

• All contracts are agreement but all agreements are not contract.
• An agreement is a promise or arrangement between two or more
parties to do, or not do, something.
• It’s usually informal and sometimes unwritten (but not always).

• Some examples of agreements include a letter of intent, or a


confidentiality agreement that precedes a commercial discussion.
• Like an agreement, a contract is a formal arrangement between two
or more parties to do, or not do, something.
• But its terms and conditions are legally enforceable - perhaps in
court or through arbitration.
• That means if someone breaks them, the other party can seek legal
redress.
• Contracts are valid if they contain all the required
elements of a contract, and once all the parties have accepted the
terms (which usually means signing the contract).
A contract must always have
• Offer and acceptance
• Consideration
• Intention to be legally bound
• Contractual capacity
• Agreements vs contracts: examples
•.
• A non-disclosure agreement or NDA – despite being called an agreement,
NDAs are often contracts and are enforceable in court
• An employee offer letter – although this isn’t called a contract or an
agreement, it is in fact a contract (because it contains all the elements
needed, including consideration i.e. a salary)
• A master services agreement – this is another one that, despite being called
an agreement, is a contract. That’s because it sets out the consideration,
offer, acceptance, and so on that will form part of a business’ relationship
with its client
Written contract
• A legally binding written contract is an agreement which is valid and
therefore enforceable. It means that when parties sign the written
contract, they are expected to fulfil their obligations under it. ... This
minimises the risk of a dispute by ensuring you and the other party
are on the same page.
• a contract for sale of property, a two-year car lease, property, and
medical insurance contracts are written contracts.
• Written contracts are legally binding and easier to enforce than oral
contracts. In a written contract, one party agrees to perform a
service or provide a product, and the other party agrees to certain
payment terms. The terms of written contracts can vary from one
contract to another.

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