When it comes to legal contracts, it`s important that all parties involved understand the terms and conditions outlined in the document. This is where an express agreement comes in. In simple terms, an express agreement is an agreement that`s clearly and explicitly stated in the contract.
What is an Express Agreement?
An express agreement, also known as an express contract, is a written or verbal agreement in which the terms and conditions are clearly defined and agreed upon by both parties. With an express agreement, there`s no room for misinterpretation or misunderstanding.
This type of agreement can cover a wide range of topics such as payment terms, delivery dates, warranties, and more. An express agreement can be made in any type of contract, such as employment contracts, rental agreements, and purchase agreements.
Express Agreement vs Implied Agreement
An implied agreement is an agreement that`s not expressly stated in the contract. Instead, it`s inferred from the actions or conduct of the parties involved. For example, if you hire a contractor to paint your house, an implied agreement is created that they will provide the necessary tools and equipment to complete the job.
On the other hand, an express agreement is clearly and explicitly stated in the contract. With an express agreement, both parties are aware of the terms and conditions and have agreed to them.
Enforcing an Express Agreement
To enforce an express agreement, both parties must adhere to the terms and conditions outlined in the contract. If one party fails to meet their obligations, the other party can take legal action to enforce the contract.
However, it`s important to note that not all express agreements are enforceable. For example, if the terms and conditions violate a law or are deemed to be unreasonable, the agreement may be deemed unenforceable.
Final Thoughts
In summary, an express agreement is a clear and explicit agreement between two parties. It`s an essential component of any legal contract and helps to ensure that all parties are aware of the terms and conditions. With an express agreement in place, both parties can feel confident that their rights and obligations are protected.