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DIFFERENCE BETWEEN EXPRESS CONTRACT AND IMPLIED CONTRACT

DIFFERENCE BETWEEN EXPRESS CONTRACT AND IMPLIED CONTRACT

An express contract and an implied contract are two different types of contracts. The main difference between the two is in how the agreement between parties is established.
An express contract is a contract in which the terms and conditions of the agreement are explicitly stated and agreed upon by both parties. This can be done verbally or in writing, and it is the most common type of contract. For example, if a person agrees to buy a car from a dealer and signs a written contract that includes the purchase price, delivery date, and other terms and conditions, it is an express contract.
On the other hand, an implied contract is a contract in which the terms and conditions are not explicitly stated, but are instead inferred from the behavior or actions of the parties involved. It is based on the circumstances surrounding the agreement, and it is often created when there is no express agreement, but the parties’ actions suggest that they intended to enter into a contract. For example, if a person hires a contractor to perform work on their home, and the contractor begins the work without any formal agreement, it may be implied that they have entered into a contract based on their actions.
In summary, an express contract is a contract that is explicitly stated and agreed upon by both parties, while an implied contract is based on the actions and circumstances surrounding the agreement, and the terms are not explicitly stated.

An express contract and an implied contract are two different types of contracts that can be created between two or more parties. Here are the key differences between the two:

1. Definition: An express contract is a contract where the terms are explicitly stated and agreed upon by the parties involved. An implied contract, on the other hand, is a contract where the terms are not explicitly stated but are inferred from the conduct of the parties involved.
2. Formation: An express contract is formed when the parties involved communicate their intention to enter into a contract, either orally or in writing. In contrast, an implied contract is formed when the conduct of the parties involved indicates that they have agreed to enter into a contract.
3. Terms: In an express contract, the terms of the contract are explicitly stated and agreed upon by the parties involved. In an implied contract, the terms of the contract are inferred from the conduct of the parties involved.
4. Enforceability: Both express and implied contracts are legally enforceable, but the method of enforcement may differ. In an express contract, the terms of the contract are clear, and therefore, enforcement is straightforward. In contrast, the terms of an implied contract may be open to interpretation, making enforcement more challenging.
5. Evidence: In an express contract, evidence of the terms of the contract may be provided through a written or oral agreement. In an implied contract, evidence of the terms of the contract may be provided through the conduct of the parties involved.
6. Scope: Express contracts are typically used for more complex transactions, such as real estate contracts or employment contracts, where the terms of the agreement must be explicitly stated. Implied contracts, on the other hand, are typically used for simpler transactions, such as a purchase of goods or services.
Overall, the main difference between an express contract and an implied contract is that an express contract is formed through explicit communication of the terms of the agreement, while an implied contract is formed through the conduct of the parties involved.

 

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