Contracts & Disputes

Express Term

In plain English

A part of the contract that the parties actually stated out loud or in writing.

What it means

An express term is any term the parties specifically agreed to, whether written in the contract or said during negotiations. Express terms cover things like price, deadlines, quantities, and what each side promises to deliver. Where a contract is in writing, courts usually treat the document as the full record of the express terms (the 'parol evidence rule'), though there are exceptions. Express terms sit alongside implied terms, which the law reads into the contract even though nobody spelled them out.

How it's used

The clause stating that the goods would be delivered 'within 14 days' was an express term the seller had to meet.

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