What does it mean when terms are defined as 'express' in a contract?

When terms in a contract are defined as 'express,' it signifies that these terms are explicitly stated and agreed upon by the parties involved. Express terms are clearly articulated within the contractual document, leaving no room for ambiguity regarding the expectations, obligations, and rights of each party. This clarity helps to avoid misunderstandings and provides a solid foundation for enforcing the contract, should disputes arise.

In contrast to express terms, terms that are implied by law or implied through the conduct of the parties are not clearly articulated within the contract. Express terms are crucial because they specify particular details essential for fulfilling the agreement, thereby ensuring that both parties have a mutual understanding of the contract's requirements and conditions. Thus, emphasizing the importance of express terms establishes a framework for accountability and enhances the overall integrity of the contractual relationship.