Many different, and to a certain extent inconsistent, definitions of contracts have been given by different authors and judges.

Blackstone defines a contract as "An agreement, upon sufficient consideration to do, or not to do, a particular thing."1 This definition has been followed by Kent, and by Chief Justices Marshall and Taney of the United States Supreme Court. Among the other leading definitions of contracts which have been given, are the following:

"An agreement, enforceable at law, made between two or more persons, by which rights are acquired by one or more to acts or forbearance on the part of the other or others." 2

"An agreement between two or more parties for the doing or the not doing of some particular thing." 3

"A promise from one or more persons to another or others, either made in fact or created by the law, to do or refrain from some lawful thing; being also under the seal of the promisor, or being reduced to a judicial record, or being accompanied by a valid consideration, or being executed and not being in a form forbidden or declared inadequate by law." 4

"Every agreement and promise enforceable at law is a contract." 5

1 2 Blackstone's Commentaries, p. 442. 2 Anson, Contracts, 9.

3 Parson, Contracts, 6.

4 Bishop, Contracts, par. 22. 5 Pollock, Contracts, 1.

"An expression of agreement, entered into by-several, by which rights in personam are created against one or more of them.,, 6

The agreement of several persons, in a concurrent declaration of intention, whereby their legal relations are determined." 7

"A contract may be defined as an agreement between competent parties, supported by a legal consideration, and in the form, if any prescribed by law, creating an obligation on the part of one or both to do or refrain from doing some lawful thing. To constitute a contract, the agreement must create an obligation; it must be an agreement enforceable at law - an element in contract which has often been lost sight of by judges and writers. While an agreement may be void, that is, destitute of legal effect, it is absurd to speak of a void contract, for a contract is an agreement plus a legal obligation, and if there is no obligation there is no contract at all." 8

These definitions already given are from prominent law writers, the following definitions are taken from the reports:

"The agreement of two competent parties about a legal and competent subject-matter, upon a mutual legal consideration, with a mutuality of obligation."9

"A voluntary and lawful agreement by competent parties, for a good consideration to do or not do a specified thing." 10

This large number of definitions have been quoted to show the varying views as to the correct definition of this most important legal term. All of these definitions have been criticised, and all have points of merit.

6 Holland, Jurisprudence, 220.

7 Savigny. History of Roman Law, 8140.

8 9 Cyc, 240.

9 State vs. Barker, 4 Kan., 379,

96 Am. Dec, 175. 10 Robinson vs. Magee, 9 Cal., 81.

The differences between these different forms are in reality slight and need not disturb the beginner in the study of law. After reading these ten definitions the student should have a general idea of the nature of the subject, which will be made clearer by learning the requisites of a contract. This will therefore be the subject of the next section.