A gentlemen`s agreement, or gentleman`s agreement, is an informal and legally non-binding agreement between two or more parties. It is usually oral, but it can be written or simply understood as part of a tacit agreement by convention or by mutually beneficial label. The essence of a gentlemen`s agreement is that it depends on the honour of the parties for its achievement, rather than being enforceable in one way or another. It differs from a legal agreement or a contract. A gentleman`s agreement is an informal and non-binding agreement in which the parties trust each other to keep their promises. We can also use the plural and say “gentlemen`s agreement”. It is generally not a document, i.e. there are no signatures, papers or fonts. When one party breaks the agreement, the others generally do not have recourse to the courts. Simply put, a gentleman`s agreement does not have the force of law in most places. Gentlemen`s agreements have come to regulate international activities as the coordination of monetary or trade policies. [13] According to Edmund Osmasczyk in the United Nations Encyclopedia and International Agreements, it is also defined as “an international term for an oral and unwritten but fully valid agreement.” [14] This type of agreement may allow a nation to circumvent national legal requirements to enter into a formal contract[13] or it may be useful for a government to want to enter into a secret agreement that does not engage the next government.

[15] According to another author, all international agreements are gentlemen`s agreements because, just before the war, they are all unenforceable. [15] Osmaczyk noted that there was a difference between gentlemen`s open agreements and secret diplomatic agreements. [14] In the United States, in 1890, the prohibition of gentlemen`s agreements was introduced in interstate trade relations because the secrecy of these agreements was beyond anyone`s control. [14] “These agreements are most often derived in a commercial context.” A gentleman`s agreement, defined at the beginning of the 20th century as “an agreement between gentlemen who looks at price control,” has been described by one source as the most lax form of a “pool.” [4] Such agreements have been declared in all industrial sectors and are numerous in the steel and steel industry. [4] In a report by the U.S. House of Representatives detailing its investigation into the United States Steel Corporation, it was stated that in the 1890s there were two general types of bulk associations or consolidations between steel and ferrous interests in which the various groups held ownership, as well as a high degree of independence: the “pool” and the “gentleman`s agreement.” [5] The latter type lacked a formal organisation to regulate production or prices or forfeiture rules in the event of infringement. [5] The effectiveness of the agreement relied on members to meet informal commitments. [5] Sometimes, when the parties know each other very well, it may even be a non-verbal agreement.

In English contract law, for it to be binding, an agreement must have the intention of establishing legal relations; but in trade (i.e.