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Law Assignment Help: Express Contract: Everything You Need To Know


An explicit contract is a written agreement with specific provisions to which both parties are obliged at the moment of formation. This agreement might be oral or written.

  1. What is the duration of an express contract?
  2. Implied vs. Express Contracts
  3. Implied-in-fact contracts

An explicit contract is a written agreement with specific provisions to which both parties are obliged at the moment of formation. This agreement might be oral or written, and it must make an offer and accept it unconditionally and communicate it clearly and understandably.

Express contracts vary from implied contracts in that the terms are specified plainly and precisely. They are based on these words rather than the parties’ actions, behaviours, or apparent intents.

An explicit contract has specified terms, such as the number of things to be delivered or the services to be performed. They may specify the precise moment when the transaction will occur, ensuring no ambiguity or uncertainty about what to expect.

When Does an Express Contract Become Effective?

To enforce the legitimacy of an explicit contract, two conditions must be present:

  • Contract acceptance must be unconditional; it must be carried out exactly as the contract offer specifies. Any effort to revise or change the agreement is a counter-offer, not acceptance of an express contract. 
  • The parties must be trading a valuable object or service or risk losing money. As a result, they are obligated to satisfy the contract requirements to get the reward or compensation for their losses.

Contracts: Express vs. Implied

Contracts are divided into two types: express and implicit contracts. A contract must include unequivocal language to communicate a commitment that the parties have made to be termed an explicit contract.

An implied contract is formed when the parties’ actions believe that a contract exists. They are not written and arise due to the parties’ circumstances. They do, however, include one party profiting from another’s conduct or the knowledge that the parties have reached an agreement.

Inferred contracts are divided into two types: those that are implied in actuality and those that are implied in law.

Implied-in-fact contracts

When a customer expects to obtain a product or service when they visit a firm that supplies it, implied-in-fact contracts exist. For example, when a customer walks into a restaurant, the proprietor expects the customer to place an order and pay for it. The customer anticipates receiving the meal they purchased, and this agreement is an implied-in-fact contract between the two parties.

Based on the conditions and behavior of the two parties, implied-in-fact contracts are presumed, and they aren’t written down or even put into words. However, the contract still exists legally since it is apparent what the parties’ intentions are and what they are offering in exchange.

This sort of contract lacks the element of mutual consent. However, the court may still find that the parties have entered into a valid contract and ordered it be carried out.

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