Topic
Express terms are explicitly stated provisions within a contract that outline the specific rights, duties, and obligations of the parties involved. These terms are clearly communicated during the formation of the contract and form the core of the agreement. They can be written or spoken and must be agreed upon by all parties to the contract. Express terms are crucial because they define the key aspects of the contractual relationship, ensuring that all parties understand their commitments and expectations.
Express terms are characterized by the following features:
Express terms play a critical role in contracts for several reasons:
In this case, Mrs. L'Estrange signed a sales agreement without reading the detailed terms, which included an exclusion clause. The court held that by signing the document, she was bound by its terms, even if she had not read them. This case highlights the importance of incorporating express terms and the principle that a party is bound by the contract they sign, regardless of whether they have read the terms.
A motorcycle was sold with an incorrect description about its year of manufacture, communicated orally and noted in a written document not part of the signed contract. The court ruled that the written terms, which were silent on the manufacture year, took precedence over the oral statement, emphasizing that express written terms generally override oral representations if both are present.
A contract between a contractor and a client includes express terms that specify the payment schedule. The terms state that the client must pay 50% upfront and the remaining 50% upon project completion. These clear payment terms help ensure both parties understand when payments are due and the amounts required.
A supplier agrees to deliver 1,000 units of a product to a retailer by the first day of each month. The contract explicitly states the quantity, quality, and delivery dates. These express terms ensure that the retailer receives the agreed goods on time and can hold the supplier accountable if deliveries are late or incomplete.
Express terms are fundamental in defining the specific details of a contract, providing clarity and legal certainty. They are essential in setting out the expectations, rights, and obligations of the parties involved. By explicitly stating these terms, parties can minimize misunderstandings and disputes, and have a clear basis for enforcing the contract. Whether written or oral, express terms are a critical component of any contractual agreement, ensuring that all parties are aware of their commitments.