Express Contract Term

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

• Context:
  • It can range from being an Express Oral Contract Term (if verbally agreed upon and noted as express) to being a Written Contract Term (if documented in writing in the contract).
  • It can be subject to interpretation based on its clarity and precision.
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• Example(s):
  • an Employment Contract that explicitly states the employee's salary, job title, and responsibilities.
  • a Lease Agreement that outlines the monthly rental amount, payment due dates, and specific tenant and landlord obligations.
  • ...
• Counter-Example(s):
  • Implied Contractual Terms.
  • an assumption that employees will adhere to standard industry work hours, which is often not explicitly written in employment contracts but implied.
  • ...
• See: Oral Contract Term, Contractual Obligation, Express Contract.

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References

2023

• Mairead Powell. (2023). “Express and implied terms of a contract."
  • 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.

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