Express: Overview, definition and example
What does express mean?
Express refers to something clearly stated or explicitly agreed upon, leaving no room for interpretation or assumption. In a legal or business context, an express term or agreement is one that is directly communicated, either in writing or verbally, as opposed to being implied or assumed based on actions or circumstances.
For example, if a contract states, “The supplier will deliver 100 units by March 1,” this is an express obligation because it is clearly written in the agreement.
Why is express important?
Express terms are important because they remove ambiguity by explicitly outlining responsibilities, rights, or expectations. They ensure that all parties understand their obligations, reducing the risk of disputes over what was agreed upon.
In contracts, express terms provide clarity and certainty, making it easier to enforce agreements if there’s a disagreement. Without express terms, parties might rely on implied terms, which can be harder to prove or enforce.
Understanding express through an example
Imagine a software company enters into a service agreement with a client. The agreement includes an express term that states, “The software must be operational by June 30.” This clear, written term holds the software company accountable for meeting the deadline.
In another case, a warranty in a product sale might state, “This product is guaranteed for two years.” This is an express warranty, as it’s specifically mentioned. If the warranty wasn’t stated but was expected based on industry standards, it might instead be considered an implied warranty.
An example of an express clause
Here’s how an express clause might look in a contract:
“All terms and conditions outlined in this Agreement are express and represent the full understanding of the Parties. No implied terms shall apply unless required by law.”
Conclusion
Express terms are clear, explicitly stated agreements or conditions that leave no room for interpretation. They are the foundation of well-structured contracts, ensuring that everyone knows their responsibilities and rights.
By including express terms in contracts, businesses can reduce misunderstandings, enforce agreements more easily, and maintain transparency in their dealings. Express terms create certainty and build trust between parties.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.