What Is the Difference Between a Contract and an Agreement?

Table of Contents

Share at:

What is the difference between a contract and an agreement?

Understanding your rights and responsibilities in business arrangements is vital to the success of your business. It is important to understanding when an agreement creates legally enforceable obligations and when it does not. Read on to learn about the difference between a contract and an agreement.

What is an agreement?

An agreement is an understanding or arrangement reached between two or more parties. Agreement are generally not legally binding as they do not possess the requisite intention to be legally bound. An agreement does not necessarily need to be in writing and can be verbal.

Example: Jane and Tabitha agree to share a bike. They do not intend this agreement to create any legally binding obligations.

What is a contract?

A contract is an agreement which creates legally enforceable obligations between parties. This is the key difference between an agreement and a contract: the parties intend to enter into a legal relations. For the contract to be legally binding, both parties must evidence and intention to create legal relations. This can be express or implied from the circumstances.

For a contract to be binding under Australian law, certain elements must be satisfied. These include:

  • Offer
  • Acceptance
  • Consideration
  • Intention
  • Certainty
  • Capacity
  • Formalities

There is a strong presumption for agreements made in the context of business to be legally binding, however this is a rebuttable presumption.

Example: Maya and Anwar own and operate a grocery store. They sign a contract with their wholesale goods supplier for regular deliveries of certain goods. Both parties intend to be legally bound by this contract.

Get a free legal document when you sign up to Lawpath

Sign up for one of our legal plans or get started for free today.

Conclusion

If you are considering entering into a legally binding relationship with another party, it is a good idea to seek advice from a contracts lawyer. LawPath can connect you with a contract lawyer through our Lawyer Directory who can assist you in understanding the legal implications of any contract you enter.

LawPath also has a number of easily customisable documents which can support the contracting needs of your business.

Find the perfect lawyer to help your business today!

Get a fixed-fee quote from Australia's largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

What is a Gift Deed? (2026 Update)

Planning on transferring property to someone as a gift or for no cost? You may want a gift deed. Read on to find out how gift deeds work.

What is a Distribution Agreement? (2026 Update)

A distribution agreement sets out the terms between a supplier (who manufactures the goods) and a distributor (who sells on the goods to customers).

How to Create a Business Sale Agreement (2026 Update)

Want to sell or purchase a business? Find out how to create a Business Sale Agreement and all the key terms you should include here.

Do You need an ABN to Sell on Facebook? (2026 Update)

Looking to sell your products or second-hand items on Facebook? Find out whether you need an ABN to sell on Facebook here.

Advantages and Disadvantages of a Discretionary Trust (2026 Update)

Discretionary trusts give a trustee discretion when distributing trust property. Find out the advantages and disadvantages of a discretionary trust here.

6 Things You Need to Know About a Deed of Release (2026 Update)

A Deed of Release serves to protect you from future legal claims after an agreement has been made. Find out more in this article.