When it comes to legal documents and contracts, there are typically two kinds of agreements that are used: express agreements and implied agreements. Understanding the difference between these two types of agreements is essential for anyone who wants to ensure that their contracts and agreements are legally binding and enforceable. In this article, we will take a closer look at express agreements and implied agreements, what they mean, and how they are used.

Express Agreements

Express agreements are agreements that are explicitly stated and written down in a legal document or contract. They are often referred to as “explicit agreements” because they are clearly defined in the contract and both parties have agreed to the terms. Examples of express agreements include rental agreements, employment contracts, and purchase agreements.

Express agreements are useful because they provide a clear outline of what is expected of both parties involved in the agreement. They also provide legal protection for both parties in case of any disputes or disagreements that may arise.

Implied Agreements

Implied agreements, on the other hand, are agreements that are not explicitly stated in a legal contract or document but are instead inferred from the actions of the parties involved. Implied agreements are often called “implicit agreements” because they are not written down but are instead implied by the behavior of the parties.

Examples of implied agreements include an employer’s obligation to provide a safe working environment for their employees and a landlord’s obligation to maintain a safe and habitable rental property. These obligations are not typically spelled out in a contract but are instead inferred from employment laws and property codes.

Implied agreements can be trickier to enforce than express agreements. Because they are not explicitly stated, the parties involved may have different interpretations of what the agreement means. This can lead to misunderstandings and disagreements, which can be difficult to resolve.

Conclusion

Understanding the difference between express agreements and implied agreements is essential for anyone who wants to draft legally binding and enforceable contracts and agreements. Express agreements are clearly defined in the contract and provide legal protection for both parties, while implied agreements are inferred from the behavior of the parties and can be more challenging to enforce. By understanding the differences between these two types of agreements, you can ensure that your contracts are legally sound and that your agreements are binding and enforceable.