Let’s Talk About Agreements (Instead of Just Contracts)
An agreement is any event in which two or more people or parties commit to doing something together—a meeting of minds. Contracts are a subset of agreements.
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This might be a surprising take from a company known for signature software, but we think we should be talking about agreements more and not just contracts.
What is a contract?
Don’t get us wrong: Contracts are really important. They’re legally enforceable documents that legal teams work on every day. They memorialise terms, conditions, rights, and obligations. A contract involves an offer by one party and acceptance by another, often with some negotiation and counter-offers in between. Issues like enforceability are governed by a thicket of laws and regulations.
Specifically, a contract must have: 1) an offer; 2) acceptance; and 3) consideration. Consideration is the main difference between a contract and an agreement. Consideration is what each party promises to do in order to execute the contract. You can think of it as the output of the contract: the goods, services, or other things of value that each party offers. For example, when you agree to buy a car, your consideration is your money and the dealer’s consideration is the car. (Learn more about contracts in this article.)
What is an agreement?
An agreement is any event in which two or more people or parties commit to doing something together—a meeting of the minds. Contracts are a subset of agreements, but they’re only one kind of agreement. To put this another way: all contracts are agreements, but not all agreements are contracts.
Organisations and individuals make a lot of agreements that don’t involve formal lawyer-led negotiation all the time, like job offers, work orders, invoices, and leases. The local mom-and-pop offers a two-for-one special that’s in effect for just this week. A streaming service offers different tiers of service, each with a different subscription fee. Tap your credit card on a card reader to pay for a caramel macchiato at the coffee shop—that’s an agreement. Scribble your signature on a piece of paper authorising the auto repair shop to replace the muffler on your car—that’s an agreement too. Use an online payment system to send ten bucks to your friend, e-sign a patient consent form, click to acknowledge that you accept a website’s privacy policy—the list goes on.
At Docusign, we’re focused on agreement management to help unlock the power of data in a way that works for everyone, not just legal departments. That enables organisations to gain greater insight into their business and create new services that better serve their customers and achieve a competitive advantage. So the next time you hear us talk about agreements instead of contracts, that’s why.
Types of agreements
Here are some examples of agreements that organisations create every day, arranged by line of business.
Human Resources
Offer letters
New hire paperwork
Onboarding/offboarding checklists
Marketing
Event registrations
Customer communication approvals
Mass mailing/email approval
Services
Account change
Work orders
Terms change
IT Operations
Asset tracking
Change requirements
Incident reporting
Facilities
Work orders
Lease agreements
Parking permits
Sales
Sales order processing
Special deal terms
Finance
Invoices
Expense processing
Audit and inventory signoff
Legal
NDAs
Internal compliance
Procurement
Purchase order
Statement of work
Master service agreement
Product management
Change management
Release management
Code review reporting
Looking to transform the way you create, commit to, and manage agreements? Learn about intelligent agreement management and Docusign IAM.
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