1 Concept of Contract

The definition (the Nepali text): "Where an agreement is concluded between two or more parties to do or abstain from doing any act enforceable by law, a contract shall be deemed to be made" — the Muluki Civil Code 2074's opening formula (Part V, the sections 493–671 family) — the modern codification of the classic: an agreement enforceable by law. The elements: agreement (offer + acceptance); parties (two or more, with capacity); the promise's object (to do or abstain); enforceability (the law's sanction — the element distinguishing contract from social arrangement: the dinner invitation and the moral promise unenforceable). All agreements are not contracts — the Nepali Supreme Court's steady line (the general-transaction deeds — likhit — of the practice: agreements of obligation but not enforceable contracts until the contract's own requirements met: the Chitra Bahadur Karki case's theme, Section 5).