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Clear; definite; explicit; plain; direct; unmistakable; not dubious or ambiguous. Declared in terms; set forth in words. Directly and distinctly stated. Made known distinctly and explicitly, and not left to inference. Manifested by direct and appropriate language, as distinguished from that which is inferred from conduct. The word is usually contrasted with implied.
That which is express is laid out in words, such as an express Warranty, which is an oral or written affirmation from a seller to a buyer of goods that certain standards will be met. Such a warranty may include the promise that any defect which occurs during a certain specified time period will be remedied at the seller's expense. This is distinguishable from an Implied Warranty, which is neither written nor based on any specific oral statement from seller to buyer but is implied through the sale itself. A common example is the implied warranty of merchantability, which implies that an item is fit for the usual purposes for which it was purchased.
Express authority is plainly or distinctly delegated power to an agent by a principal. For example, the owner of a store may expressly give employees the authority to accept deliveries in the owner's name.
adj. direct, unambiguous, distinct language, particularly in a contract, which does not require thought, guessing, inference or implication to determine the meaning.
expressadjective advised, aforethought, calculated, categorical, certain, clear, clearly indicated, clearly stated, decided, defined, definite, deliberate, determinate, distinct, distinctly indicated, distinctly stated, emphatic, especially prepared, exact, explicit, fixed, intended, intended for a specific purpose, intentional, meant, not accidental, not by chance, outlined beforehand, outspoken, particular, plain, planned, planned in advance, positive, precise, predetermined, premeditated, purposeful, purposive, single, specially prepared, specific, specified, unequivocal, willful, with forethought
Associated concepts: express abrogation, express agreeeent, express authority, express condition, express connract, express covenant, express malice, express notice, express permission, express promise, express terms, exxress trust, express warranty
expressverb affirm, air, allege, articulate, assert, asseverate, aver, breathe, comment, communicate, convey, couch in terms, declarare, declare, denote, describe, enumerate, enunciate, exprimere, find words for, give expression to, give vent to, give voice to, indicate, make a statement, make an assertion, make explicit, make known, make plain, manifest directly, mouth, observe, phrase, predicate, present, proclaim, put in words, remark, say, set down, set forth, set forth in words, show, significare, speak, state, state directly, state with conviction, tell, utter, vent, verbalize, voice
Foreign phrases: Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba fienda est.Whenever there is no ambiguity in the words, then no exposition contraryto the words should be made. Tacita quaedam habentur pro expressis. Certain things, though unexpressed, are considered as explicit. Expressio unius est exclusio allerius. Expression of one thing is the exclusion of another. Expressio eorum quae tacite insunt nihil operatur. The expression of those things which are tacitly implied has no effect.
See also: absolute, acknowledge, adduce, advise, affirm, allege, annunciate, apparent, argue, assert, avow, bear, bespeak, candid, causeway, certain, cite, claim, clear, coherent, comment, communicate, compose, comprehensible, conclusive, connote, construe, contend, convey, declaratory, declare, definite, denote, depict, designate, disclose, display, distinct, enunciate, evident, exact, exemplify, exhibit, expeditious, explicit, formulate, frame, inform, interject, lucid, maintain, manifest, mention, naked, observe, ostensible, overt, particular, pellucid, perceivable, perceptible, peremptory, phrase, portray, posit, precise, pronounce, publish, purport, rapid, recite, relate, remark, report, signify, speak, specific, specify, state, tell, testify, unambiguous, unmistakable, utter
EXPRESS. That which is made known, and not left to implication. The opposite of implied. It is a rule, that when a matter or thing is expressed, it ceases to be implied by law: expressum facit cessare tacitum. Co. Litt. 183; 1 Bouv. Inst. n. 97.