Express Contract

What is an Express Contract in Contract Law?

Quick Definition

An express contract is a contract where the parties clearly state the terms of their agreement, either verbally or in writing. The rights and obligations are directly communicated rather than inferred by the courts. This makes the agreement easier to identify and interpret.

In Context

Express contracts are widely used in commercial and everyday transactions, including employment agreements, tenancy contracts, and service arrangements. The courts focus on the actual words used by the parties to determine their intentions and obligations. In L’Estrange v Graucob, a signed written agreement was enforced even though one party had not read all the terms, highlighting the importance of express wording in contractual documents. Disputes often concern interpretation of clauses rather than whether a contract exists at all. While express terms provide clarity, poorly drafted wording can still create uncertainty and litigation. In exams, the key is identifying which terms were expressly agreed and how they affect the parties’ rights.

See Also

• Implied Terms

• Contract Interpretation

• Offer and Acceptance

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