Simple English definitions for legal terms
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An express contract is a type of agreement where people promise to do something for each other and they say exactly what they will do either by talking or writing it down. To make an express contract, both people have to agree to the same thing and they have to give something in return. This is different from a contract that is not written down, where people just act like they made a promise without actually saying it.
An express contract is a type of agreement between two or more parties where the terms of the contract are clearly stated either verbally or in writing. This means that the parties involved have agreed to be bound by the terms of the contract that have been explicitly stated.
For an express contract to be valid, it must include:
An express contract is different from a contract-implied-in-fact. A contract-implied-in-fact is an agreement where the obligations arise from a mutual agreement and intent to promise, but the agreement and promise have not been expressed in words. In other words, the terms of the contract are not explicitly stated.
Both types of contracts require mutual assent and a meeting of the minds. However, an express contract is proved by an actual agreement (either written or oral), while a contract-implied-in-fact is proved by circumstances and the conduct of the parties.
Here are some examples of express contracts:
These examples illustrate the definition of an express contract because in both cases, the terms of the agreement are clearly stated either in writing or verbally. The parties involved have agreed to be bound by the terms of the contract that have been explicitly stated.