Not all agreements are necessarily contractual, as the parties are generally considered to be legally bound. A „gentlemen`s agreement“ should not be legally applicable and „compulsory only in honour.“    An agreement can only lead one party to accept the offer of another party. Since this scenario does not involve any consideration, it is not a contract. Other common examples of non-contract agreements are gentlemen`s agreements and unlicensed betting pools. The key element of all contracts is that they are legally unenforceable. Jurisdictions differ in their use of a „convention“ to designate a legally enforceable contract. For example, the Supreme Court in Washington has ruled that a treaty is a promise or a series of promises that are protected by law, while an agreement is an expression of mutual consent that does not necessarily have a legal impact. However, in Pennsylvania, a contract has been defined as an enforceable contract in which the parties intend to enter into a binding agreement. However, the essential conditions of the treaty must be sufficiently secure to serve as the basis for determining the existence of an offence. It is a meeting of spirits in a common intention and is made by offer and acceptance.
An agreement can be demonstrated by words, behaviours and even, in some cases, silence. Clients` rights against brokers and securities dealers are almost always settled in accordance with contractual arbitration clauses, as securities dealers are required to settle disputes with their clients, in accordance with the terms of their affiliation with self-regulatory bodies such as the Financial Industry Regulatory Authority (formerly NASD) or the NYSE. Companies then began to include arbitration agreements in their customer agreements, which required their clients to settle disputes.   A contract is a legally binding document between at least two parties, which defines and regulates the rights and obligations of the parties to an agreement.  A contract is legally enforceable because it complies with the requirements and approval of the law. A contract usually involves the exchange of goods, services, money or promises from one of them. „breach of contract“ means that the law must grant the victim either access to remedies, such as damages, or annulment.  Contracts are mainly governed by legal and general (judicial) law and private law (i.e.dem).
Private law first includes the terms of the agreement between the parties exchanging promises. This private right can repeal many of the rules otherwise established by state law. Legal broadcasting laws, such as the Fraud Act, may require certain types of contracts to be executed in writing and with special formalities in order for the contract to be enforceable. Otherwise, the parties can enter into a binding agreement without signing an official written document. For example, the Virginia Supreme Court in Lucy v. Zehmer, that even an agreement on a piece of towel can be considered a valid contract if the parties were both sane, and showed mutual consent and consideration.