Express Contract vs. Implied Contract: What's the Difference?
Edited by Huma Saeed || By Sumera Saeed || Published on November 11, 2023
Express contract is formed by explicit written or spoken agreement, while an implied contract is formed by actions or conduct.
Key Differences
An express contract is a clear, definitive agreement between two parties where the terms are explicitly stated, either in writing or verbally. An implied contract, on the other hand, is formed by the actions or conduct of the parties involved, without any written or verbal agreement. In an express contract, the terms and conditions are laid out clearly, whereas in an implied contract, the terms and conditions are assumed based on the behavior of the parties involved.
Sumera Saeed
Nov 11, 2023
An express contract requires clear and specific terms that are agreed upon by all parties involved. In contrast, an implied contract is formed based on the actions or conduct of the parties involved, and the terms may not be explicitly stated. Express contracts are usually easier to enforce in a court of law because the terms are clear and agreed upon, whereas implied contracts may be more difficult to enforce because the terms are assumed and may not be clear.
Sumera Saeed
Nov 11, 2023
In an express contract, the parties have a clear understanding of their rights and obligations because the terms are explicitly stated. In an implied contract, the parties may have a general understanding of their rights and obligations, but the specifics may not be clear because the terms are not explicitly stated. Express contracts are typically written or verbal agreements, while implied contracts are formed based on the actions or conduct of the parties involved.
Sumera Saeed
Nov 11, 2023
Comparison Chart
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Communication
Written or verbal agreement
Formed without written or verbal agreement
Sara Rehman
Nov 11, 2023
Express Contract and Implied Contract Definitions
Express Contract
A clear and specific agreement between two or more parties.
The express contract outlined the terms of the employment relationship.
Sumera Saeed
Oct 31, 2023
Implied Contract
A contract formed by actions or conduct.
Their regular payments created an implied contract for services.
Huma Saeed
Oct 31, 2023
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Express Contract
A contract where the terms are explicitly stated and agreed upon.
The express contract included a clause for dispute resolution.
Sumera Saeed
Oct 31, 2023
Implied Contract
A contract that is inferred from the behavior of the parties.
The repeated transactions established an implied contract.
Sumera Saeed
Oct 31, 2023
Express Contract
An agreement that is not implied or inferred.
The express contract was signed by both parties before work commenced.
Sumera Saeed
Oct 31, 2023
Implied Contract
An agreement where the terms are not explicitly stated.
An implied contract existed based on their longstanding business relationship.
Sumera Saeed
Oct 31, 2023
Express Contract
A contract that is clear and definitive.
The express contract detailed the responsibilities of each party.
Harlon Moss
Oct 31, 2023
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Implied Contract
A contract that is assumed based on the circumstances.
An implied contract was formed when they continued to accept the product.
Sumera Saeed
Oct 31, 2023
Express Contract
A contract formed by explicit written or spoken agreement.
We entered into an express contract for the sale of my car.
Huma Saeed
Oct 31, 2023
Implied Contract
An agreement that is not written or spoken.
The implied contract was based on their previous interactions.
Aimie Carlson
Oct 31, 2023
FAQs
What is an implied contract?
An implied contract is an agreement formed by the actions or conduct of the parties, without any written or verbal agreement.
Harlon Moss
Nov 11, 2023
How is an implied contract formed?
An implied contract is formed by the behavior or actions of the parties involved.
Sumera Saeed
Nov 11, 2023
How is an express contract formed?
An express contract is formed by explicit written or spoken agreement between two or more parties.
Huma Saeed
Nov 11, 2023
Are implied contracts less valid than express contracts?
No, implied contracts are just as valid as express contracts, but they may be more difficult to enforce in court.
Sara Rehman
Nov 11, 2023
What is an express contract?
An express contract is a clear, specific agreement where the terms are explicitly stated, either in writing or verbally.
Sumera Saeed
Nov 11, 2023
Can an express contract be oral?
Yes, an express contract can be oral, as long as the terms are clearly and explicitly stated.
Sumera Saeed
Nov 11, 2023
Can an implied contract be written?
No, an implied contract is not written or spoken; it is formed based on the behavior of the parties.
Aimie Carlson
Nov 11, 2023
Can an implied contract be modified?
Yes, an implied contract can be modified, but the modification may be more difficult to prove.
Sumera Saeed
Nov 11, 2023
Are there any legal requirements for forming an express contract?
Yes, an express contract must meet certain legal requirements, such as offer, acceptance, and consideration.
Sumera Saeed
Nov 11, 2023
Are there any legal requirements for forming an implied contract?
Yes, an implied contract must also meet certain legal requirements, such as mutual assent and consideration.
Aimie Carlson
Nov 11, 2023
How can an express contract be enforced in court?
An express contract is easier to enforce in court because the terms are clear and agreed upon by all parties.
Harlon Moss
Nov 11, 2023
Can an express contract be modified?
Yes, an express contract can be modified, but the modification must be agreed upon by all parties involved.
Harlon Moss
Nov 11, 2023
Can an express contract be voided?
Yes, an express contract can be voided if it is found to be illegal or if one of the parties fails to fulfill their obligations.
Aimie Carlson
Nov 11, 2023
Can an implied contract be enforced in court?
Yes, an implied contract can be enforced in court, but it may be more difficult to prove because the terms are not explicitly stated.
Janet White
Nov 11, 2023
Can an express contract be inferred from actions or conduct?
No, an express contract requires clear and specific terms that are agreed upon by all parties involved.
Harlon Moss
Nov 11, 2023
How can an implied contract be enforced in court?
An implied contract may be more difficult to enforce in court because the terms are assumed and may not be clear.
Aimie Carlson
Nov 11, 2023
Can an implied contract be voided?
Yes, an implied contract can be voided, but it may be more difficult to prove the grounds for voiding the contract.
Aimie Carlson
Nov 11, 2023
What are some examples of express contracts?
Examples of express contracts include employment contracts, sales contracts, and lease agreements.
Sumera Saeed
Nov 11, 2023
What are some examples of implied contracts?
Examples of implied contracts include service contracts formed by regular payments or business relationships established by repeated transactions.
Sumera Saeed
Nov 11, 2023
What is the difference between an express contract and an implied contract?
The main difference is that an express contract is formed by explicit agreement, while an implied contract is formed by actions or conduct.
Sara Rehman
Nov 11, 2023
About Author
Written by
Sumera SaeedSumera is an experienced content writer and editor with a niche in comparative analysis. At Diffeence Wiki, she crafts clear and unbiased comparisons to guide readers in making informed decisions. With a dedication to thorough research and quality, Sumera's work stands out in the digital realm. Off the clock, she enjoys reading and exploring diverse cultures.
Edited by
Huma SaeedHuma is a renowned researcher acclaimed for her innovative work in Difference Wiki. Her dedication has led to key breakthroughs, establishing her prominence in academia. Her contributions continually inspire and guide her field.
