Express Terms

What are Express Terms in Contract Law?

Quick Definition

Express terms are the specific provisions that parties explicitly agree on when forming a contract. They can be written or spoken and set out the rights and obligations of each party. These terms form the core framework of the agreement.

In Context

Express terms are usually found in signed documents, emails, or clear verbal agreements made during negotiations. Courts focus on interpreting what the parties actually said or wrote, rather than what they might have intended subjectively. In Oscar Chess Ltd v Williams, the court held that a written statement about a car’s model year was not an express term because the seller lacked expertise and the buyer was better placed to verify it, showing that not every statement becomes contractually binding. Disputes often arise over whether a statement is a term or merely a representation, which affects remedies available. In exams, the key task is identifying whether the statement was intended to be legally binding at the time of contracting.

See Also

• Implied Terms

• Misrepresentation

• Contract Interpretation

Learn More

Explore our Contract Law Notes for clearer case breakdowns, exam-ready structures, and practical guidance on distinguishing binding terms from non-binding statements.