In contract terminology, which type is one where the terms are explicitly stated by the parties?

Get ready for the National Board Examination in Restorative Art. Use flashcards and multiple choice questions, complete with hints and explanations. Ace your test today!

Multiple Choice

In contract terminology, which type is one where the terms are explicitly stated by the parties?

Explanation:
Expressed contracts are those where the terms are clearly stated by the parties, whether in writing or spoken aloud. When the promises, conditions, and consideration are laid out explicitly, there’s no need to infer what the parties intended—their obligations are laid out plainly. This explicitness is what makes the contract an expressed one, so the parties know exactly what they are agreeing to and when. Implied contracts, in contrast, arise from the conduct of the parties or from legal obligations rather than from explicit statements. The terms aren’t spoken or written, but they’re inferred from actions, circumstances, or law, yet they are still enforceable because the surrounding facts show a mutual agreement. Bilateral and unilateral describe how many promises are exchanged (two promises in a bilateral contract, one promise in a unilateral contract) and do not by themselves determine whether the terms are stated or implied. A contract can be either bilateral or unilateral and can still be expressed if the terms are clearly stated.

Expressed contracts are those where the terms are clearly stated by the parties, whether in writing or spoken aloud. When the promises, conditions, and consideration are laid out explicitly, there’s no need to infer what the parties intended—their obligations are laid out plainly. This explicitness is what makes the contract an expressed one, so the parties know exactly what they are agreeing to and when.

Implied contracts, in contrast, arise from the conduct of the parties or from legal obligations rather than from explicit statements. The terms aren’t spoken or written, but they’re inferred from actions, circumstances, or law, yet they are still enforceable because the surrounding facts show a mutual agreement.

Bilateral and unilateral describe how many promises are exchanged (two promises in a bilateral contract, one promise in a unilateral contract) and do not by themselves determine whether the terms are stated or implied. A contract can be either bilateral or unilateral and can still be expressed if the terms are clearly stated.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy