Question 1

What's the difference between an express and implied contract?

Accepted Answer

An express contract has stated terms — written or verbal. An implied contract arises from behavior. If you sit in a barber's chair and they cut your hair, there's an implied contract to pay even though nobody said 'I'll cut your hair for $30.' An express contract would be the price sign on the wall.

Question 2

Is a verbal agreement an express contract?

Accepted Answer

Yes. If both parties clearly state the terms — 'I'll design your logo for $500, delivered by Friday' — that's an express verbal contract. It's legally binding in most cases, but proving what was said is the problem. Always get it in writing.

Question 3

Can an express contract be partially verbal and partially written?

Accepted Answer

Yes, but it creates complications. If the written part contradicts the verbal part, the written terms usually win — especially if there's an entire agreement clause. That's why it's smart to put everything in writing and include a merger clause.

Question 4

What happens if an express contract is missing terms?

Accepted Answer

Courts may fill in gaps using industry standards, prior dealings between the parties, or the UCC (for goods). But missing key terms — like price or scope — can make the contract unenforceable. The more you spell out, the better protected you are.

Question 5

Do express contracts need to be signed?

Accepted Answer

Not always. Some express contracts are valid without signatures — a purchase order accepted by email, for example. But certain types (real estate, agreements lasting over a year) must be signed under the Statute of Frauds. When in doubt, get signatures.

Express Contract

Definition

In Practice

Common in these contract types

Related terms

Frequently asked questions about express contract

Create a contract with proper express contract clauses