What is the difference between an express and implied contract?
An express contract is one where the terms of the agreement between the parties are specifically stated in words or writing. An implied contract is based on the actions or conduct of the parties involved in the contract. In Texas, an express contract is typically formed when the parties involved state their agreement to a contract in writing. An implied contract is created when the behavior of the parties involved in the transaction suggests they had a contract without explicitly saying so. For example, if someone drives you to the airport and you pay them for the ride, you have entered into an implied contract. The behavior of the parties involved - you providing payment for a service - indicates that you had an agreement to exchange services for money. Express contracts are preferable in many situations because they provide clarity. With an express contract, both parties can know exactly what their obligations are and what they can expect from the other. On the other hand, implied contracts may be a bit more difficult to interpret, as they are based on the behavior of the parties involved.
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