agreement
agree·ment n
1 a: the act or fact of agreeing
by mutual agreement
b: unity of opinion, understanding, or intent; esp: the mutual assent of contracting parties to the same terms
if they reach agreement
◇ Under common law, agreement is a necessary element of a valid contract. Under Uniform Commercial Code section 1-201(3), agreement is the bargain of the contracting parties as represented explicitly by their language or implicitly by other circumstances (as a course of dealings).
2 a: an expression (as a settlement, covenant, or contract) of the intent or willingness of two or more parties to bind at least one to terms usu. determined by negotiation
an agreement must be sufficiently definite before a court can enforce it — J. D. Calamari and J. M. Perillo
b: the language or instrument embodying such an expression
signed the agreement

Merriam-Webster’s Dictionary of Law. . 1996.

agreement
I (concurrence) noun accord, amity, arrangement, assent, common assent, common consent, common view, community of interests, concord, concordance, conformance, congruence, congruency, congruity, consent, consentaneity, consentaneousness, consentience, consonance, cooperation, good understanding, harmony, meeting of the minds, mutual assent, mutual promise, mutual understanding, oneness, reciprocity of obligation, settlement, unanimity, understanding, uniformity, unison, unity foreign phrases:
- Aggregatio mentium. — Meeting of the minds.
- Bona fides exigit ut guod convenit fiat. — Good faith demands that what is agreed upon shall be done
- Consensus ad idem. — An agreement of parties for the same thing; a meeting of minds without which no contract exists.
- Conventio privatorum non potest publico juri derogare. — An agreement of private parties cannot derogate from public right.
- Conventio vincit legem. — The agreement of parties controls the law
- Modus et conventio vincunt legem. — Custom, convention, and agreement of the parties overrule the law.
- Ratihabitio mandato aequiparatur. — Ratification is equivalent to an express command
- Quando verba et mens congruunt, non est interpretationi locus. — When the words and the mind agree, there is no room for interpretation
- Privatorum conventio juri publico non derogat. — The agreement of private persons cannot derogate from public law
- Modus et conventio vincunt legem. — Custom and agreement control the law.
- Non differunt quae concordant re, tametsi non in verbis iisdem. — Those matters do not differ which agree in substance, though not in the same words.
II (contract) noun alliance, arrangement, bargain, binding promise, bond, commitment, compact, concordat, concordia, contractual statement, convention, covenant, deal, engagement, legal document, mutual pledge, obliga, obligation, pact, pledge, settlement, stipulation, transaction, understanding, undertaking associated concepts: abrogate an agreement, agency agreement, agreement implied in fact, agreement of sale, agreement to answer for the debt of another, agreement to purchase, agreement under seal, agreements in contemplation of marriage, antenuptial agreement, area-wide agreement, articles of agreement, articles of impeachment, articles of incorporation, articles of partnership, articles of war, express agreement, illusory agreement, implied agreement, implied agreement in law, sale agreement, settlement agreement, support agreement foreign phrases:
- Contractus ex turpi causa, vel contra bonds mores nullus est. — A contract founded on an evil consideration, or against good morals, is void.
- Contractus legem ex conbentione accipiunt. — Contracts take their law from the agreement of the parties
- Ex pacto illicito non oritur actio. — An action will not lie on an agreement to do something unlawful
- Ex maleficio non oritur contractus. — No contract is born of wrongdoing
- Nudum pactum est ubi nulla subest causa praeter conventionem; sed ubi subest causa, fit obligatio, et parit actionem. — A naked contract is where there is no consideration except the agreement, but, where there is a consideration, an obligation is created and gives rise to a right of action
- In stipulationibus cum quaeritur quid actum sit verba contra stipulatorem interpretanda sunt. — In the construction of agreements words are interpreted against the person offering them
- Ea quae dari impossibilia sunt, vel quae in rerum natura non sunt, pro non adjectis habentur. — Those things which cannot be given, or which are not in existence, are regarded as not included in the contract
- Conventio facit legem. — The agreement creates the law, i.e., the parties to a binding contract must keep their promises
- Ex nudo pacto non oritur actio. — No action arises on a contract without a consideration
- Ea quae, commendandi causa, in venditionibus dicuntur, si palam appareant, venditorem non obligant. — Those things which are said as praise of the things sold, if they are openly apparent do not bind the seller
- In contrahenda venditione, ambiguum pactum contravenditorem interpretandum est. — In a contract of sale, an ambiguous agreement is to be interpreted against the seller
- In conventionibus, contrahentium voluntas potius quam verba spectari placuit. — In contracts, it is the rule to regard the intention of the parties rather than the actual words
- Ome jus aut consensus fecit, aut necessitas constituit aut firmavit consuetudo. — All right is either made by consent, constituted by necessity, or confirmed by custom
- Pacta conventa quae neque contra leges neque dolo malo inita sunt omni modo observanda sunt. — Agreements which are not contrary to the laws nor entered into with a fraudulent design must be observed in all respects.
- Pacta dant legem contractui. — Stipulations constitute the law for the contract
- Pacta quae contra leges constitutionesque, vel contra bonos mores fiunt, nullam vim habere, indubitati juris est. — It is unquestionably the law that contracts which are made contrary to the laws or against good morals, have no force in law
- Pacta quae turpem causam continent non sunt observanda. — Contracts which are based on unlawful consideration will not be enforced.
- Quae dubitationis tollendae causa contractibus inseruntur, jus commune non laedunt. — Those clauses which are inserted in agreements to avoid doubts and ambiguity do not offend the common law
- Nuda pactio obligationem non parit. — A naked agreement does not effect an otherwise binding obligation
- Privatis pactionibus non dubium est non laedi jus caeterorum. — There is no doubt that private contracts cannot prejudice the rights of others
III index acceptance, accommodation (adjustment), accord, accordance (compact), accordance (understanding), acknowledgment (acceptance), acquiescence, adjustment, analogy, approval, arrangement (understanding), assent, attornment, bargain, cartel, coherence, collusion, commitment (responsibility), compact, compatibility, compliance, composition (agreement in bankruptcy), compromise, concert, concession (compromise), conciliation, concordance, conformity (agreement), conjunction, consensus, consent, contract, correspondence (similarity), covenant, deal, identity (similarity), indenture, indorsement, integration (assimilation), league, lease, leave (permission), mutual understanding, obligation (duty), option (contractual provision), pact, peace, pledge (binding promise), policy (contract), promise, quid pro quo, rapport, rapprochement, reconciliation, resemblance, sanction (permission), settlement, specialty (contract), stipulation, subscription, synchronism, term (provision), testament, treaty, undertaking (commitment), undertaking (pledge), union (unity), warrant (guaranty)

Burton's Legal Thesaurus. . 2006


agreement
n.
A mutual understanding between two or more parties; a meeting of minds. It often leads to a contract.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


agreement
A meeting of the minds. An agreement is made when two people reach an understanding about a particular issue, including their obligations, duties, and rights. While agreement is sometimes used to mean a contract — a legally binding oral or written agreement — it is actually a broader term, including understandings that might not rise to the level of a legally binding contract.
Category: If, When & Where to File a Lawsuit
Category: Mediation, Arbitration & Collaborative Law
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


agreement
n.
1 A mutual understanding between two or more legally competent individuals or entities about their rights and duties regarding their past or future performances and consideration. While an agreement usually leads to a contract, it could also be an executed sale, a gift or other transfer of property, or a promise without a legal obligation.
2 The understanding between two or more legally competent individuals or entities about the rights and duties regarding their past or future performances and consideration as manifested by their language (oral or written) or by implication from other circumstances such as the usage of trade and the course of performance.
See also contract.
@ agreement to agree
A mutual understanding between two or more legally competent individuals or entities that they will later enter into a contract even though the contract's exact terms have not yet been decided; non-binding.
@ binding agreement
An enforceable agreement or contract.
@ collective bargaining agreement
A contract between an employer and a union or other representative, voluntarily selected by a majority of the employer's workers within a bargaining group, concerning the wages, hours, and other conditions of employment for that group.
@ divorce agreement
An agreement between spouses made during a divorce concerning child custody, child and spousal support, property distribution, and other matters. Such agreements are usually incorporated into the parties' divorce decree.
@ entire agreement of the parties
One or more documents adopted by the parties as expressing the complete and exclusive statement of all the terms of their contract. Also called entire contract of the parties, entire contract, or completely integrated contract. See also partially integrated contract and severable contract
@ gentlemen's agreement
An agreement not intended by the parties to be legally enforceable, but that is expected to be performed or followed as a matter of friendship or honor. May or may not involve illegal subject matter such as gambling bets.
+ gentlemen's agreement
n. Colloquial. An unwritten agreement, not enforceable by law but backed by the parties' good faith.
@ postnuptial agreement
An agreement between spouses made during their marriage to determine the right to support and each other's property in case of death or divorce. Such agreements are not enforceable unless each party makes a full disclosure to the other of their assets and has consulted with their own attorneys. Even then, most such agreements are not enforceable unless made by spouses who are in the midst of a separation or divorce.
+ postnuptial agreement
An agreement between a husband and wife stating the rights of each party in the event of the other's death, or in the case of a divorce, generally made at a time when neither eventuality is deemed to be imminent.
@ prenuptial agreement
An agreement between spouses made before their marriage to determine the right to support and each other's property in case of death or divorce. Generally, such agreements are enforceable, especially if both parties make a full disclosure of individual assets and have consulted with their own attorneys.
See also postnuptial agreement and separation agreement
n. An agreement made before marriage by two people intending to marry, in order to set forth the issues of property rights and support in the case of divorce or death.
@ property settlement agreement
@ separation agreement
An agreement between spouses made during a divorce or while obtaining a legal separation concerning child custody, child and spousal support, property distribution, and other matters. Such agreements are usually incorporated into the parties' divorce decree or into a judicial decree granting a separation to the parties. Frequently referred to as property settlement agreement (PSA).
n. A written agreement between husband and wife in contemplation of divorce detailing how their property is to divided, how alimony or child support is to be paid and in what amount by whom to the other, and custodial arrangements for children. Such a paper is legally enforceable and may have income-tax implications if the couple has physically separate domiciles.
@ simple agreement
An agreement for which nothing is legally required to make it enforceable other then some evidence that the agreement was made and the parties consent to it.
@ unconscionable agreement
@

Webster's New World Law Dictionary. . 2000.


agreement
A meeting of minds with the understanding and acceptance of reciprocal legal rights and duties as to particular actions or obligations, which the parties intend to exchange; a mutual assent to do or refrain from doing something; a contract.
The writing or document that records the meeting of the minds of the parties. An oral compact between two parties who join together for a common purpose intending to change their rights and duties.

Dictionary from West's Encyclopedia of American Law. 2005.


agreement
I
A meeting of minds with the understanding and acceptance of reciprocal legal rights and duties as to particular actions or obligations, which the parties intend to exchange; a mutual assent to do or refrain from doing something; a contract.
 
The writing or document that records the meeting of the minds of the parties. An oral compact between two parties who join together for a common purpose intending to change their rights and duties.
II Mutual consent.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

agreement
   1) n. any meeting of the minds, even without legal obligation.
   2) in law, another name for a contract including all the elements of a legal contract: offer, acceptance, and consideration (payment or performance), based on specific terms.
   See also: contract

Law dictionary. . 2013.

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