Express Contract

An exchange of promises in which the terms by which the parties agree to be bound are declared either orally or in writing, or a combination of both, at the time it is made.  Whether oral or written, the contract must manifest a mutual intent to be bound expressed in a manner capable of being understood, and include a definite offer, unconditional acceptance and consideration.

An express contract is differs from a contract implied in fact only in the mode of manifesting assent and the mode of proof required; the distinction involves no difference in legal effect.  Both forms of contract require mutual assent and a meeting of the minds, but an express contract is proved by an actual agreement where a contract impled in fact is proved by circumstances and the conduct of the parties.

See contract.