Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Sunday, October 18, 2009

AGREEMENT and CONTRACT Distinguished

IS THERE A DIFFERENCE BETWEEN A CONTRACT AND AN AGREEMENT? TEXAS COURT OF APPEALS SAYS "Yes" Although sometimes used interchangeably, the terms "agreement" and "contract" are not synonymous. "Agreement" refers to "a manifestation of mutual assent on the part of two or more persons," whereas the term "contract" refers to "a promise or a set of promises for the breach of which the law gives a remedy." Restatement (Second) of Contracts '' 1, 3 (1981) (emphasis added); Wiley v. Bertelsen, 770 S.W.2d 878, 882 (Tex. App.- Texarkana 1989, no writ) (noting that the term "agreement" is more broad than the term "contract" and that parties might have an agreement but not a contract). SOURCE: 02-07-00355-CV (Fort Worth Court of Appeals) (5/28/2009, pet. denied 10/16/09)

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