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An Express Contract Must Be in Writing and Specifically State the Agreement of the Parties

An express contract is a legally binding agreement between two or more parties that is specifically stated in writing. This type of contract is essential in avoiding misunderstandings and legal disputes in business dealings.

Here are some key points to keep in mind when creating an express contract:

1. Writing: An express contract must be in writing, signed by all parties involved, and must clearly state the agreement being made. This is to ensure that all parties understand the terms of the contract and can refer to it in case of any issues that may arise.

2. Specificity: The contract must be specific in terms of the obligations and rights of each party involved. This includes the price, delivery, payment terms, and any other relevant details.

3. Agreement: The contract must explicitly state the agreement of the parties involved. This means that any negotiations, promises, or discussions that took place prior to the signing of the contract should be incorporated into the written agreement.

4. Legality: The contract must be legal and enforceable. This means that the agreement must not violate any laws and the parties involved must have the capacity to enter into a legally binding agreement.

5. Consideration: The contract must have consideration, which is a legal term that refers to the exchange of something of value between the parties involved. This could be money, goods, or services.

In conclusion, an express contract is a crucial tool in legal agreements between parties. It protects all parties from any unforeseen misunderstandings and disputes. However, it is essential to ensure that the contract is in writing, specific, clearly states the agreement of the parties involved, legal, and has consideration. By following these guidelines, you can create a successful and enforceable express contract.

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