Also known as: express contract · express agreement
Written by attorneys · grounded in primary & secondary sources — see below
A contract formed when the parties state their agreement and its terms in explicit words, whether spoken or written.
Emanuel Escobar signed a written waiver before entering Edgewater Capital's obstacle course. The document stated he accepted all physical injury risks. When he later sued for a fall injury, the court refused to enforce the waiver because public policy barred express agreements releasing liability for reckless conduct.
Edith Eberhardt and Emmett Egan orally agreed that any property acquired during their relationship would be shared equally. Edith later sued to enforce the division. The court upheld the express contract because it was not founded on meretricious sexual services.
Select any source to read its text and confirm it supports the definition.
Eileen Epstein and Edgar Evers explicitly agreed that she would forgo her singing career in exchange for half of all property accumulated during their cohabitation. After separation, the court enforced the express agreement to divide assets.
Elysium Media and Elite Dynamics signed a supply contract containing an express price-protection term. When market prices rose, Elysium demanded the protected rate. The court enforced the written term as part of the parties' express agreement.
Enzo Eastwood bought a car from Everlasting Insurance under a contract that expressly disclaimed all warranties. After mechanical failure, he sued. The court held the express disclaimer controlled and barred the implied warranty claim.
Emanuel Escobar and Elysium Media signed an employment agreement with an express arbitration clause. When a dispute arose, Escobar argued the clause was never formed. The court enforced arbitration because the written clause showed the parties' express agreement to arbitrate.
An express contract arises when the parties state their agreement and terms in words. An implied contract arises from conduct that manifests mutual assent without spoken or written words.
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Yes. Parties may form an express contract through spoken words that state the agreement and essential terms, provided the statements objectively manifest mutual assent.
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A court will refuse enforcement when the express agreement is contrary to public policy, such as an agreement that releases liability for reckless conduct or is founded on illegal consideration.
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Yes. When parties include clear language stating that a document creates no enforceable obligations, that express statement prevents formation of a contract even if the document contains detailed terms.
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…during a nonmarital relationship; such a relationship remains subject solely to judicial decision. (2) The courts should enforce express contracts between nonmarital partners except to the extent that the contract is explicitly founded on the consideration of meretricious sexual services. (3) In the absence of an express contract, the…