What Is The Term Enforceability In The Context Of The Contract Or Any Legal Document?
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Enforceability is the second requirement of the contract. An agreement is said to be enforceable if it is recognized by courts. In order to be enforceable by law, the agreement must create legal obligations between the parties. If an agreement does not create legal obligations it is not a contract. Thus the term agreement is a wider than a contrast. All contracts are agreements but all agreements are not contracts. There are two types of the agreement one of them is social agreement and the second one is the legal agreement.
Social agreement are social in nature and do not enjoy the benefits of law. They cannot be enforced by the law because they do not create legal obligations between the both parties. In such types of agreements the parties to a contract does not mean to create any legal relationship between them. So social agreements are made on the daily normal life but it is based on the moral character of a person that he may fulfill his social agreement.
On the other hand legal agreements are contracts because they create legal obligations between the parties. In these agreements the parties intend to create legal relations. In business agreements it is presumed that the parties intend to create legal relations so all business agreements are in other words contracts.
answered 2 years ago
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