express contract


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Related to express contract: Promissory estoppel, Implied in law contract

express contract

n. a contract in which all elements of a contract are specifically stated (offer, acceptance, consideration), and the terms are stated, as compared to an "implied" contract in which the existence of the contract is assumed by the circumstances. (See: contract, implied contract)

References in periodicals archive ?
In the absence of an express contract governing employment relationships, courts should take a contextual, case-by-case view of employee duties--rather than imply a blanket duty of confidentiality to all employer-employee relationships.
Express Contract Drying, Ebbw Vale, has created 22 jobs as part of a PS3m expansion - and hopes to take on more
At least in theory, these express contract terms could inform unsophisticated parties about the law.
Now an integral part of the company, the National Express contract at Edwards provides employment for more than 100 people and provides an additional and secure revenue stream to the South Wales based company.
Its Capital Connect franchise was extended by six months and its Trans-Pennine Express contract by 10 months.
Does that mean, because there is express language allowing such changes without notifying the surety and with the surety continuing to be bound, that their express contract language must control?
For guidance in future cases, the court instructed that the plaintiff should amend the complaint to clearly allege that the hospital had a non-delegable duty to provide competent emergency care to the plaintiff's husband, and must plead the specific source of the hospital's non-delegable duty the plaintiff relied on: an implied contract, an express contract, a statue, an administrative regulation, or some combination thereof.
The act of termination, as a separate contract is subject to the law's own determination that in the absence of express contract law, it may be presumed that it was the will of the parties.
Sorties Aug-09 OCT-09 Nov-09 Dec-09 Jan-09 Feb-10 Mar-10 Gray Tail 4,431 4,164 4,468 4,780 4,902 4,519 5,600 Charter 112 61 71 84 122 149 180 C-17 1,183 1,239 1,355 1,480 1,508 1,239 1,632 C-130 3,240 2,923 3,109 3,294 3,389 3,278 3,967 Sorties Jun-10 Jul-10 Aug-10 May-10 Apr-10 Gray Tail 5,176 5,634 5,556 5,460 5,522 Charter 85 154 230 108 139 C-17 1,353 1,524 1,349 1,400 1,482 C-130 3,823 4,110 3,977 4,060 4,040 Following the establishment of the Theater Express contract, the program reached its goal of moving 10,000 tons of cargo in June 2010.
Prospect is suing for breach of express contract and negligence.
2005]) ruled that "unjust enrichment claims are viable only when an express contract does not exist between the parties.
The court observed that "when, as here, the language of the parties' agreement is clear and unambiguous, the arbitrator may not bypass the express contract provisions and rely instead on past practices.