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What Is an Express Agreement in Contract Law

When it comes to contract law, there are a lot of terms that can be confusing or unfamiliar. One of these terms is “express agreement.” In this article, we`ll define what an express agreement is and how it works in contract law.

An express agreement is a type of contract that is formed when two parties agree to specific terms and conditions. These terms can be written or spoken, but they must be clear and unambiguous. This means that both parties must fully understand and agree to the terms of the contract before it becomes binding.

One of the key features of an express agreement is that it is not open to interpretation. The terms are clearly stated and agreed upon by both parties, so there is no room for confusion or debate. This can help to avoid disputes down the line, as both parties have a clear understanding of what is expected of them.

An express agreement can be created in a number of ways. For example, it can be made through a written contract, a verbal agreement, or even through conduct. For example, if you agree to pay someone a certain amount of money for a service they provide, and they accept that payment, then you have formed an express agreement.

One important thing to note about express agreements is that they are different from implied agreements. An implied agreement is one that is not explicitly stated, but is instead inferred from the actions or circumstances of the parties involved. For example, if you order food at a restaurant and eat it, there is an implied agreement that you will pay for the food you have consumed.

In conclusion, an express agreement is a specific type of contract that is formed when two parties agree to clear and unambiguous terms and conditions. It can be created in a number of different ways, but it always requires both parties to fully understand and agree to the terms of the agreement. By avoiding ambiguities and misunderstandings, an express agreement can help prevent disputes and ensure that both parties are held accountable to their obligations.