Agreement and licencing

Agreement 

An Agreement is defined as the formal approval or rejection conveyed through written communication. It involves a mutual consensus or decision regarding a particular viewpoint, accepted by all involved parties.

According to section 2 (e) of the Indian Contract Act, an agreement encompasses "Every promise and every set of promises, forming the consideration for each other".

Key Elements of an Agreement

There are several vital components to an Agreement:

  1. Parties: An agreement always necessitates involvement from two or more parties.
  2. Offer/ Proposal: This entails the representation of one party's willingness to either commit to or abstain from a specific action.
  3. Acceptance: Acceptance denotes the other party's formal approval.
  4. Promise: When the offer/proposal is approved by another party, it becomes a promise.
  5. Consideration: Consideration revolves around the commitment of a return, acting as the price for actions taken or omitted.
     
    The formation of an Agreement involves a comprehensive understanding and agreement on these aspects by all involved parties.

        Licensing

     Section 52 of ‘The Indian Easements Act 1882’ says that where one person grants to another, or to a definite number of other persons, a right to do or continue to do in or upon the immopvable property of the grantor, something which would, in the absence of such a right, be unlawful. Permission to enter land belonging to another without being a trespasser.Hence, if a document only grants another person permission to enter and utilize the property, while it is still in the owner's possession and control, it will be considered as a license.

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