Express terms are contracts made between parties and generally covers the statements/clauses made by the consent of both the parties or by one party which are agreeable to the other party. These clauses become part of the contract. These terms or clauses can be totally oral, totally written, partly oral and partly written.
In partly oral and partly written terms, the oral terms are representatives and written terms are the actual agreeable clauses. In case of violation of these terms by any of the parties, the other party can go to the court for judicial action. When a contract is made between the two parties, there can be express terms as well as implicit terms.
The express terms entails present state of affairs, future happenings, confidentiality terms etc. For example, the express terms in a contractual agreement between an employer and an employee can contain clauses about the salary, leaves, breach of confidential information outside the company, retirement bonus and benefits, fringe benefits etc. The terms are incorporated when signed by both the parties and person joins the job. The repercussions on violations of these terms by either the employee or the employer are decided by the court if the case is taken to the court. These terms are legally bounded. Oral terms are terms which can be formed by mutual agreement after discussion or said by one party and agreed by the other party orally.
For example, a company comes to recruit new employees to a college campus. After the interview the interviewers make their mind to hire a student. The interviewers and student have negotiation upon salary and they both agreed to one amount. This is an oral agreement which cannot be violated. Implicit terms are the terms which are not mentioned explicitly by any of the parties but are self-understood. For example, implicit terms when a person joins a job can be mutual trust and understanding, completion of work on time, coming to office on time, maintaining decorum inside the office etc.
Hence, this concludes the definition of Express Terms along with its overview.
This article has been researched & authored by the Business Concepts Team. It has been reviewed & published by the MBA Skool Team. The content on MBA Skool has been created for educational & academic purpose only.
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