When it comes to a proper construction agreements and/or contracts, it is now a practice to include arbitration clause. In addition, ‘coffee shop’ agreements involving multiple parties and companies will not succeed even at common law because of the strict requirement of ‘consensus ad idem’. To put it mildly, incohate agreements or what can be called as ‘coffee shop’ agreements have a chance to be enforced at common law but may fail under Contracts Act. For example, under a breach of agreement one may only recover money paid or advance in a limited sense as opposed to breach of contract. However, if it is an agreement not capable of being construed as a prima facie contract, the reliefs for breach becomes precarious as well as limited. If it is a contractual breach, the right to relief is of right. ![]() Anything less than a contract may need the support of the provision of the 4 Specific Relief Act 1950 to provide relief for breach of an agreement. In essence, all contracts are agreements but not all agreements are contracts. The distinction between an agreement and contract are many.
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