noun
- 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.
- 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 contractÂ’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 employerÂ’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 partiesÂ’ divorce
decree. See separation
agreement.
gentlemenÂ’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.
postnuptial agreement
An agreement between spouses made during their marriage to
determine the right to support and each otherÂ’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.
prenuptial agreement
An agreement between spouses made before their marriage to
determine the right to support and each otherÂ’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.
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 partiesÂ’ divorce decree or into a judicial decree
granting a separation to the parties. Frequently referred to as property
settlement agreement (PSA).
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
Same as
adhesion contract. See
contract.