Express Contract

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 1,822 reviews

Jump to Section

Need help with an Express Contract?

CREATE A FREE PROJECT POSTING
Post Project Now

What is an Express Contract?

An express contract is an agreement that has been wholly spelled out either in writing or orally. This contract includes at least two parties who make legal promises to fulfill set/specified terms toward each other. They agree to be legally bound by these terms according to the law.

This contract requires a mutual intent by all parties involved to be bound by the agreement. It requires the terms to be made so that all parties and those responsible for enforcement of the contract can understand.

The contract must be a definite offer, unconditional acceptance, and some form of consideration. In addition, both parties must offer something to the other in the contract process. The offering may be monetary but is not always.

Here is an article about what express contracts are.

How Express Contracts Work

Express contracts work when all parties to the contract make a specific statement, either in writing or orally (or sometimes a combination of the two) that specific terms will bind them. Then, the two or more parties are required to accept the contract and fulfill their obligations or suffer any loss stipulated in the contract.

Once this type of contract has been entered into, the parties are legally bound unless an exit or cancellation clause exists. In that case, the parties must fulfill the obligations of the cancellation clause, which may include losing something of value in the process.

If the parties to the contract do not fulfill their obligations, they risk losing even more due to violating the agreement. If the contract is legally enforceable, they could also risk legal action.

Here is an article about how express contracts work.

Types of Express Contracts

There is only one type of express agreement. However, you may also hear about implied contracts and the different forms available for those.

Expressed contracts have been explicitly stated and defined between the parties. The agreement in this type of contract is very clearly stated so that both parties know what’s being agreed to.

On the other hand, implied contracts are more ambiguous. In implied contracts, the parties make an agreement that is not explicitly stated but occurs due to obligation or an understanding between the parties.

Implied contracts can be ‘in fact’ or ‘in law.’ Contracts occur when, for example, a service is performed. Then, in this example, the implied agreement is that the service will be paid for.

Implied contracts can be ‘in law’ if the actions of one party would be considered an unjust or unfair benefit to the other if no compensation were given. It occurs when there is an implied duty for the party to pay the second party even if no formal contract exists.

Here is an article about types of express contracts.

Difference Between Implied Contract and Express Contract

There are several differences between implied and express contracts that will help you create the specific type of contract you need.

  • Spelled Out. These contracts are spelled out, while implied contracts are more ambiguous.
  • Explicit. These contracts can be written or spoken but are still explicit.
  • Specification. Implied contracts are formed when parties demonstrate an agreement without specifying it.
  • Details. An express contract includes all details such as deadlines and payment dates, while an implied contract may only have generalities for these if they have been mentioned at all.
Meet some lawyers on our platform

Nicholas V.

4 projects on CC
View Profile

Michael K.

39 projects on CC
View Profile

Albert M.

1 project on CC
View Profile

Max M.

31 projects on CC
View Profile

Examples of an Express Contract

There are several different ways to consider an express contract legally binding. So, let’s take a look at several various contracts and examples.

  • A written contract for the renovation of your home
  • A written contract for a landscaper to take care of your lawn
  • A written contract for a tutor to teach your children
  • An oral agreement to sell an item for a listed price
  • An oral agreement to pay a neighborhood kid a set amount to rake your leaves
  • An oral agreement to pay the babysitter a set amount for watching your kids

These contracts are considered different from implied contracts, which may not be explicitly stated or agreed to. Implied contracts are formed simply because two parties act in a way that makes it seem as though they agree.

This could be an individual ordering food in a restaurant, assuming they expect to pay for that food. Likewise, having someone clean your home even without an express contract implies that you will pay them after the work is completed.

In these situations, the acting individual can reasonably assume that the work will be completed and will be compensated. This is compared to an express contract where the two parties lay out the terms in advance, either orally or in writing.

Here is an article with examples of express contracts.

ContractsCounsel Express Contract Image

Image via Pexels by fauxels

How Do You Make an Express Contract?

To make an express contract, you need at least two parties and something that the two parties can agree to do for one another.

  1. Step 1. Locate the parties to the contract.
  2. Step 2. Determine what the first party will offer to the other(s).
  3. Step 3. Determine what the second (and subsequent) party will offer to the first party in consideration for their offer.
  4. Step 4. Agree to exchange the item/service/etc. of party one for the item/service/payment/etc. of party two.
  5. Step 5. State the terms of the agreement orally to one another or write them down.
  6. Step 6. The first party performs the action specified in the agreement.
  7. Step 7. The second (and subsequent) party is then obligated to fulfill their portion of the agreement that was initially made or risk being in breach of contract.

The steps to create an express contract are pretty simple, but the key is that the terms, what each party is offering, are clearly stated. This means that anyone reading the contract or being told what was said will know precisely what the agreement is. They will also see how that agreement can be fulfilled.

Working with a contract lawyer to draft a contract will ensure it is entirely legal. They can also oversee the contract signing or give you more information through a contract clause guide.

Here is an article about how to create an express contract.

How Do You Make an Implied Contract?

Implied contracts are pretty simple to make because they do not require anyone to agree to anything formally. For example, telling the neighborhood kid that you would like them to cut your lawn can be considered an implied contract.

In this situation, the neighborhood kid may come to your house and say they mow lawns and rake leaves for $15. If you say ‘okay, cut my lawn,’ you have entered into an implied contract. It is expected that the kid will cut your lawn and that you will pay them the $15.

Post a project on ContractsCounsel’s marketplace to get flat fee quotes from lawyers to draft and review contracts. All lawyers are vetted by our team and peer-reviewed by our customers for you to explore before hiring.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Express Contract Lawyers

ContractsCounsel verified
Attorney
25 years practicing
Free Consultation

Experienced business and contract lawyer. Our firm specializes in commercial litigation and dispute resolution.

ContractsCounsel verified
Attorney | Creative at Law
9 years practicing
Free Consultation

Whether you're thinking of starting your own business and not sure how to bring your vision to life, or you're a business owner, creative professional, creator, influencer, artist, musician, startup, nonprofit, or entrepreneur who wants to grow your business and protect your content and brand—I can help. Get experienced legal counsel, quality representation, and creative solutions customized to fit your unique needs. Services include: entity formation, business issues, planning, financing, and strategy; contract drafting, review, and negotiation; intellectual property protection; copyright and trademark filing; startup and nonprofit setup and guidance; real estate matters; property purchase, sale, and leasing; assistance with legal issues related to content creation, branding, design, writing, film, music, art, entertainment, social media, e-commerce, marketing, advertising, data and privacy compliance, and more. Questions? Let's work together. Reach out and say hello.

ContractsCounsel verified
Co-Managing Member
24 years practicing
Free Consultation

I am an experienced A/V rated attorney. I have practiced for over twenty years in the areas of bankruptcy and creditors' rights, receiverships, and commercial litigation. I am a Credentialed Distinguished mediator (by the Texas Mediator Credentialing Association) and arbitrator and have been an active dispute resolution professional for sixteen years. I am an EMDR Trained Licensed Professional Counselor, with emphases on trauma and professionals dealing with stress.I am an experienced A/V rated attorney. I have practiced for over twenty years in the areas of bankruptcy and creditors' rights, receiverships, and commercial litigation. I am a Credentialed Distinguished mediator (by the Texas Mediator Credentialing Association) and arbitrator and have been an active dispute resolution professional for sixteen years. I am an EMDR Trained Licensed Professional Counselor, with emphases on trauma and professionals dealing with stress.

ContractsCounsel verified
Attorney
2 years practicing
Free Consultation

Alabama Licensed Attorney offering Freelance Services for Wills, Trusts, Probate, Family Law Documents, Criminal Matters, and Real Estate Closings.

ContractsCounsel verified
Attorney
3 years practicing
Free Consultation

My practice involves counseling businesses and individuals on a variety of contracts, such as business formation, technology/IP, real estate, leases, and even domestic relations agreements. Much of my practice is dedicated to litigation. As such, I approach contract and transactional work from a litigation perspective by advising clients of the risks involved in failing to develop proper contracts. It takes more than knowledge of the law to be a good lawyer. A good lawyer is honest and forthcoming with clients and has a counseling ethos. And, to me, a good lawyer stands in the shoes of the client when considering how to best serve that client. Whether my client is a business or an individual, I am passionate about helping my clients understand their rights, responsibilities, risks, and possibilities.

ContractsCounsel verified
Technology Contract Attorney
11 years practicing
Free Consultation

Michigan licensed attorney. A compelling combination of technology, sourcing, sales, and legal experience. Over 20 years in technology positions negotiating technology engagements and contracts. General practice legal experience. Significant IT contracts experience (from IT sourcing/procurement) with the State of Michigan and Zimmer Biomet (Fortune 500). Excellent people, negotiation, and writing skills; keen eye for continuous improvement. Trusted business partner co-leading or supporting cross-functional integrated business/IT projects.

ContractsCounsel verified
Managing Member
11 years practicing
Free Consultation

A seasoned senior executive with experience leading the legal and compliance functions of healthcare entities through high-growth periods. I have experience managing voluminous litigation caseloads, while also handling all pre-litigation investigations for employment, healthcare regulatory, and compliance matters. Similarly, I have led multiple M&A teams through purchase and sale processes, including diligence and contract negotiations. Finally, I have extensive contract review experience in all matters, including debt and equity financing, healthcare payor contracting, vendor and employment agreements, as well as service and procurement agreements.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call