Quote:
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Originally Posted by B Rookard
Oh boy ... hypothetical conversation ...
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YOU: "2+2=4"
ME: "I understand and agree that 2+2=4"
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Is there a contract just because I "agree" with you on a particular fact or because you "understand" something?
Uh ... no.
All contracts are agreements, but not all agreements are contracts.
Logic 101.
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""Agreement" is not synonymous with "promise" or "undertaking." It signifies a mutual contract, on consideration."" Andrews v. Pontue, 24 Wend.N.Y. 285, Wain v. Warlters, 5 East, 10
What type of agreement are you speaking of?
Conditonal, executed, executory, express, implied, parol, secret, not yet defined?
Would you like to play a game? Since I invited you to play, and you have already agreed because you have a duty to agree(and because I say so), I'll make up the rules as we play, which you have to follow, to play this game(but your already playing since you are here), which you are already playing, in fact. The game has only 2 rules for now, but that can change as I own this game. The first rule is you have already agreed without even saying you agree. Within your agreement there is a contract, which is invisible to you, and only I can see. The other rule is found in 2 CFR, in the reserved section. The only way you can get out of this agreement is by getting the reserved section of 2 CFR, which is reserved and cannot be disclosed to you. If you try to fight this agreement, which has an invisible contract within it, you will have to form another contract with my private court to get out of the invisible contract within the agreement that you already are presumed to have made, in fact. Now we have another agreement, with an invisible contract within the agreement, so that even if you disproved the first, you could not disprove the second contract. Oh, while I'm making up the rules, there is a rule that if you claim fraud on the original, or second contract, you must create a new contract to claim fraud on the old contract, which loops you back in, and this can go on until I get tired of playing, and you have nothing more to entertain me with.
I do conditionaly agree with you that all contracts are agreements, and that not all agreements are synomous with contracts. However, within every agreement, there is a contract. And, 2+2=4(I don't stand under this fact, and I agree without consideration)
I hope the group finds some humor in this post!