We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding Express Contract: Definition, Examples, and Importance
Definition & Meaning
An express contract is a type of agreement where the terms are clearly stated by the parties involved. This can be done either verbally or in writing. In an express contract, all essential elements, such as the offer, acceptance, and consideration, are explicitly defined. For instance, if a landlord provides a written lease for an apartment and the tenant agrees to the terms and signs the document, this constitutes an express written contract. Similarly, if someone verbally agrees to buy a car after discussing the price and conditions, this forms an express oral contract.
Table of content
Legal Use & context
Express contracts are commonly used in various areas of law, including:
Real Estate: Lease agreements and purchase contracts.
Commercial Transactions: Sales agreements and service contracts.
Employment: Employment contracts that outline terms of work.
Users can often manage express contracts themselves with the right tools, such as legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Here are two examples of express contracts:
A written lease agreement between a landlord and tenant detailing the rental terms, such as monthly payment and duration of the lease.
(Hypothetical example) A verbal agreement where one person states, "I will sell you my bicycle for $200," and the other person agrees to this price.
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Express contracts can be enforced even if not in writing, depending on the circumstances.
New York
Certain contracts must be in writing to be enforceable, such as those involving real estate.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Implied Contract
A contract formed by the actions or conduct of the parties rather than written or spoken words.
Unlike express contracts, the terms are not explicitly stated.
Unilateral Contract
A contract where one party makes a promise in exchange for an act by another party.
In express contracts, both parties agree to mutual terms.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation involving an express contract, consider the following steps:
Review the terms of the contract carefully to ensure mutual understanding.
If you need a written contract, explore US Legal Forms for templates that can help you create one.
In complex situations or disputes, it may be wise to consult a legal professional for tailored advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.