Express Agreement in English Law
In English Law, a contract is a legally binding agreement between two or more parties. One of the key elements that make a contract enforceable in law is the existence of an express agreement. An express agreement is an agreement between parties that is clearly and explicitly stated in words, whether it is written or verbal.
The Importance of an Express Agreement
An express agreement is crucial in English Law as it forms the basis of the entire contract. It sets out the terms and conditions that the parties have agreed to, and any failure to comply with those terms could result in a breach of contract. Without an express agreement, the contract may not be binding, and the parties may not be able to enforce their rights or seek remedies in the event of a breach.
The Elements of an Express Agreement
An express agreement typically includes the following elements:
1. Offer and acceptance: One party makes an offer to enter into a contract, and the other party accepts that offer.
2. Consideration: Something of value is promised or exchanged between the parties. This could be money, goods, services, or anything else that has a measurable value.
3. Intention to create legal relations: The parties must intend to create a legally binding agreement. This means that they must have a clear understanding of the terms and conditions of the contract, and they must agree to be bound by them.
4. Certainty: The terms of the agreement must be clear and unambiguous. This means that there should be no room for misunderstandings or misinterpretations.
Enforceability of an Express Agreement
In order to be enforceable in law, an express agreement must comply with certain legal requirements. Firstly, it must be entered into willingly and without coercion, undue influence or fraud. Secondly, the terms of the agreement must not be illegal, immoral or contrary to public policy. Thirdly, the parties must have the capacity to enter into a contract. This means that they must have the legal ability to understand the terms and conditions of the agreement and must be of legal age.
Conclusion
In conclusion, an express agreement is essential in English Law for a contract to be binding and enforceable. It is a clear statement of the terms and conditions that the parties have agreed to and is the cornerstone of any legal contract. It is important for parties to understand the legal requirements for an express agreement and to ensure that the terms of the agreement are clear, unequivocal and legally binding.
