Agreement

Comprehending laws and contracts is impossible, unless we first learn the meaning of the words and phrases they contain.

Moderator: notmartha

Post Reply
User avatar
notmartha
Posts: 751
Joined: Mon Jul 22, 2013 1:16 pm

Agreement

Post by notmartha » Wed Oct 14, 2015 1:12 pm

As a temple of the living God, we are not to make any agreements with idols, i.e. representations or fictions. The definitions and maxims below will help us to identify and avoid these agreements which require our consent or assent and can be written, spoken, or inferred by our actions. See also De Facto, Benefit, Pledge, Surety, Equity.

KJV references:

Yāʿad, Hebrew Strong’s #3259, is used 29 times throughout the Old Testament. It is translated as meet (7), together (5), assemble (4), appointed (3), set (3), time (2), betrothed (2), agreed (1), appointment (1), and gather (1). It is translated as “agreed” in the following verse:
Amos 3:3 (KJV)
Can two walk together, except they be agreed?
Eunoeō, Greek Strong’s #2132, is used 1 time in the New Testament. It is translated as “agree” in the following verse:
Matthew 5:23-25 (KJV)
Therefore if thou bring thy gift to the altar, and there rememberest that thy brother hath ought against thee; Leave there thy gift before the altar, and go thy way; first be reconciled to thy brother, and then come and offer thy gift. Agree with thine adversary quickly, whiles thou art in the way with him; lest at any time the adversary deliver thee to the judge, and the judge deliver thee to the officer, and thou be cast into prison.
Symphōneō, Greek Strong’s #4856, is used 6 times in the New Testament. It is translated as agree (3), agree with (2), agree together (1). “agree” in the following verse:
Matthew 18:19-20 (KJV)
Again I say unto you, That if two of you shall agree on earth as touching any thing that they shall ask, it shall be done for them of my Father which is in heaven. For where two or three are gathered together in my name, there am I in the midst of them.
Synkatathesis, Greek Strong’s #4783, is used 1 time in the New Testament. It means a putting together or joint deposit (of votes), hence approval, assent, agreement. It is translated as “agreement” in the following verse:
2 Corinthians 6:16 (KJV)
And what agreement hath the temple of God with idols? for ye are the temple of the living God; as God hath said, I will dwell in them, and walk in them; and I will be their God, and they shall be my people.
Webster’s Dictionary, 1828:
Agreement
1. Concord; harmony; conformity.
2. Union of opinions or sentiments;
3. Resemblance; conformity; similitude.
4. Union of minds in regard to a transfer of interest; bargain; compact; contract; stipulation.
Bouvier’s Dictionary of Law, 1856:
AGREEMENT

1. Contract. The consent of two or more persons concurring, respecting the transmission of some property, right or benefit, with a view of contracting an obligation. It will be proper to consider:

A. the requisites of an agreement –
To render an agreement complete six things must occur; there must be:
1.) a person able to contract;
2.) a person able to be contracted with;
3.) a thing to be contracted for;
4.) a lawful consideration, or quid pro quo;
5.) words to express the agreement;
6.) the assent of the contracting parties.

B. the kinds of agreements -
As to their form, agreements are of two kinds:
1.) by parol, or, in writing, as contradistinguished from specialties;
2.) by specialty, or under seal.

In relation to their performance, agreements are executed or executory. An agreement is said to be executed when two or more persons make over their respective rights in a thing to one another, and thereby change the property therein, either presently and at once, or at a future time, upon some event that shall give it full effect, without either party trusting to the other; as where things are bought, paid for and delivered. Executory agreements, in the ordinary acceptation of the term, are such contracts as rest on articles, memorandums, parol promises, or undertakings, and the like, to be performed in future, or which are entered into preparatory to more solemn and formal alienations of property. Agreements are also conditional and unconditional. They are conditional when some condition must be fulfilled before they can have full effect; they are unconditional when there is no condition attached;

C. how they are annulled.
Agreements are annulled or rendered of no effect:
1.) by the acts of the parties, as, by payment; release accord and satisfaction; rescission, which is express or implied; defeasance; by novation:
2.) by the acts of the law, as, confusion; merger; lapse of time; death, as when a man who has bound himself to teach an apprentice, dies; extinction of the thing which is the subject of the contract, as, when the agreement is to deliver a certain horse and before the time of delivery he dies.

5. The writing or instrument containing an agreement is also called an agreement, and sometimes articles of agreement.

6. It is proper, to remark that there is much difference between an agreement and articles of agreement which are only evidence of it. From the moment that the parties have given their consent, the agreement or contract is formed, and, whether it can be proved or not, it has not less the quality to bind both contracting parties. A want of proof does not make it null, because that proof may be supplied aliunde, and the moment it is obtained, the contract may be enforced.

7. Again, the agreement may be null, as when it was obtained by fraud, duress, and the like; and the articles of agreement may be good, as far as the form is concerned. Vide Contract. Deed; Guaranty; Parties to Contracts.
Black’s Law Dictionary, 1st Edition, 1891:
agreed blacks 1.JPG
agreed blacks 1.JPG (32.54 KiB) Viewed 3564 times
agreement 1 blacks 1.JPG
agreement 1 blacks 1.JPG (93.83 KiB) Viewed 3564 times
agreement 2 blacks 1.JPG
agreement 2 blacks 1.JPG (77.38 KiB) Viewed 3564 times
Black’s Law Dictionary, 5th Edition, 1979:
A coming together of minds; a coming together in opinion or determination; the coming together in accord of two minds on a given proposition. In law, a concord of understanding and intention between two or more parties with respect to the effect upon their relative rights and duties, of certain past or future facts or performances. The consent of two or more persons concurring respecting the transmission of some property, right, or benefits, with the view of contracting an obligation, a mutual obligation.

The act of two or more persons, who unite in expressing a mutual and common purpose, with the view of altering their rights and obligations. The union of two or more minds in a thing done or to be done; a mutual assent to do a thing. A compact between parties who are thereby subjected to the obligation or to whom the contemplated right is thereby secured.
Nolo’s Plain-English Law Dictionary
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.
UCC § 1-201. General Definitions
(3) "Agreement", as distinguished from "contract", means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1-303.
Miscellaneous Maxims
The agreement of the parties makes the law of the contract.

The agreement of the parties overcomes or prevails against the law.

Fraud and justice never agree together.

In the agreements of the contracting parties, the rule is to regard the intention rather than the words.

A public right cannot be changed by private agreement.

A minor before majority cannot act in a case of property, nor even agree.

Manner and agreement overrule the law.

Those things which agree in substance though not in the same words, do not differ.

Private agreements cannot derogate from public law.

Those things which cannot be acquired as property cannot be the object of an agreement.
Post Reply