Contract Questions and Answers

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What is an express contract?

An Express Contract is a contract where the intention of the parties and the terms and conditions of the agreement are declared or "expressed" by the parties, at the time the parties form the contract. An Express Contract may be made either in writing or may be made orally. It is possible for a third party to consummate the contract, such as in a real estate transaction when certain conditions are dependent upon the happening of another event.

In an Express Contract, the parties specifically have declared the terms and conditions. This has been done either orally or in writing at the time the contract has been made. Generally, such contracts are in two categories, one being under seal such as specialty, and the other by parol. A parol contract is an oral contract as distinguished from a written or formal contract.