Express-in-Fact Contracts

Express-in-fact contracts are agreements where the terms are explicitly stated and understood by both parties, either verbally or in writing. Unlike implied contracts, where obligations are understood based on actions or circumstances, express-in-fact contracts leave no room for ambiguity. For example, if you sign a lease agreement outlining your rent and responsibilities, that’s an express-in-fact contract. Both parties have clearly communicated their intentions and agreed on the specific terms, making it enforceable in a legal context.