Express Contract Term

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An Express Contract Term is a contractual term that is explicitly stated within a contractual agreement.



References

2024

2023

  • (Powell,2023) ⇒ Mairead Powell (2023). "Express and implied terms of a contract". In: Harper James Law.
    • QUOTE: When you’re asked to sign a contract on behalf of your business, you’d think it would be reasonable to assume that the contract contains all the commercial terms. However, contracts can contain both express and implied terms.

      An express term is a term of the contract between you and the other party, which is clear, unambiguous, and agreed upon. It’s usually in writing but it can be verbal if the contract itself is verbal.

      An implied term is one that a court has implied into a contract because it has not been expressly included. This may be because the parties did not consider it, did not think that the issue would arise, or simply omitted to include the term (...)

    • NOTES: Based on the content provided about express and implied terms in contracts, here are six bullet points:
      • An Express Contract Term is explicitly agreed upon by all parties involved, clearly defined and unambiguous, whether in writing or verbally.
      • Express Contract Terms are the core components of a contract, outlining specific obligations, rights, and conditions that the parties formally acknowledge.
      • Express Contract Terms can include detailed stipulations such as payment terms, delivery dates, quantities, and specific descriptions of the services or goods involved.
      • Express Contract Terms enhance clarity and understanding between contracting parties, reducing the likelihood of disputes by explicitly stating each party's commitments and expectations.
      • To minimize the impact of Implied Contract Terms and ensure clarity, contracts may include 'entire agreement' clauses stating that only the terms expressly written in the contract are binding.
      • The predominance of Express Contract Terms in a contract helps safeguard against the uncertainty and cost of litigation, as these terms are less likely to be interpreted differently by courts than implied terms.