express contract

a contract explicitly created by the parties, either oral or written. The term, express contract, makes an important legal distinction on the nature or status of the contract. It is distinguished from other contract types which are not formed expressly. Compare express contract to implied-in-fact contract.

Fergus hires a local builder to remodel his kitchen. After outlining the specifics of the project, the contractor gives Fergus a bid. Finding the price reasonable, Fergus and the builder work out the various terms and conditions and enter into an express contract which is signed by both parties.