What is the difference between an express and implied contract?

An express contract is an agreement between two parties that is made clear, written down in words, or spoken out loud. An express contract may be verbal or written. Express contracts usually include exact terms and conditions agreed upon by the involved parties, and can be enforced in a court of law. An implied contract, on the other hand, is an agreement between two or more parties that is not clearly stated or written down. It implies an agreement based on the conduct or actions of the involved parties. An implied contract is not generally enforced by a court of law. In Virginia, an express contract must meet certain requirements in order to be enforced by a court. The parties involved must have: the legal capability to contract; a mutual intent to create a contract; and consideration, which is the exchange of something for something. In Virginia, an implied contract does not have to meet the same specific requirements. The implied agreement is established through the course of conduct between the parties involved. However, implied contracts must still be in accordance with existing legal rules and standards, and must meet a certain standard of fairness and equity.

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