Also known as:agree · agrees · agreed · agreeing · agreamentum · contract · mutual assent
Written by attorneys · grounded in primary & secondary sources — see below
A manifestation of mutual assent by two or more persons regarding their relative rights and duties. The parties' actual bargain may be found in their language or implied from circumstances such as course of dealing or usage of trade.
Sources & Authorities
How it applies
Common Examples
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Conspiracy Agreement Formed
Anthony Arnold and Alan Ackerman discussed falsifying documents to obtain a bank loan. They exchanged messages confirming each would create a forged signature on the application and share the proceeds. The agreement supplied the actus reus for a conspiracy charge even though no overt act beyond formation occurred.
Land Sale Agreement
Anika Anand contracted to buy property from Anita Ali. A recorded easement benefiting a neighbor appeared in the chain of title after the agreement was signed. Because the easement rendered title unmarketable, Anika could refuse to close and seek rescission.
Revenue Bill Agreement
The House passed a bill raising excise taxes. The Senate proposed amendments increasing rates and returned the measure. After both chambers agreed on the final version, the bill was presented to the President for signature under the origination clause.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Insurance Agreement Disclosure
Alexis Archer sued Atlas Ventures for negligence. During initial disclosures, Atlas produced a liability policy that would cover any judgment. The agreement required production for inspection even though the insurer was not yet a party.
Contingent Fee Agreement
Alexandra Armstrong retained Alliance Holdings to pursue a personal injury claim. The signed writing stated a thirty-three percent contingency, identified expenses to be deducted after the fee, and notified Alexandra she would owe costs even if she lost.
Agency Agreement Knowledge
Astra Aerospace appointed Arcadia Retail as its sales agent. Arcadia knew of a pending regulatory change that a person of ordinary intelligence would discover through due care. That knowledge bound Astra under the agency relationship.
Common questions
Frequently Asked
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What elements must the prosecution prove to establish the agreement element of common-law conspiracy?+
The prosecution must show that two or more persons reached a mutual understanding to pursue an unlawful objective or to achieve a lawful objective by unlawful means. Each participant must actually intend to enter the agreement and to accomplish its objective. The agreement itself supplies the actus reus. No overt act is required at common law.
When may a buyer refuse to close under a contract for the sale of land because of an agreement defect?+
A buyer may refuse when the seller cannot convey marketable title free from reasonable doubt. Recorded encumbrances, gaps in the chain, or adverse claims that a prudent purchaser would reject render title unmarketable. The buyer may then rescind or recover damages unless the contract provides otherwise or the defect is waived.
What must a contingent fee agreement contain under the Model Rules?+
The agreement must be in a writing signed by the client. It must state the percentage or percentages that accrue to the lawyer, identify litigation expenses and whether they are deducted before or after the fee, and notify the client of any expenses for which the client remains liable regardless of outcome.
5 U.S. (1 Cranch) 137 (1803)Property
…part he acts as agent of the President and is not bound to answer as to facts that came to his knowledge in that capacity. He agreed that Mr. Lincoln was not bound to disclose anything which might tend to criminate himself. The court said that if Mr. Lincoln wished time to consider his answers they would give it, but…