What is the difference between an express and implied contract?

An express contract is a contract where the terms and conditions of the agreement are explicitly stated in words, either orally or in writing. Express contracts are used whenever there is a need for clarity and certainty in an agreement. On the other hand, an implied contract is a contract where the terms do not need to be stated explicitly, but can be inferred from the circumstances or from the actions of the parties involved. An implied contract is often used in day-to-day situations, such as when doing business with a service provider or purchasing something from a store. In Washington, for an express contract to be enforceable, it must include a clear offer and acceptance, along with consideration paid. An implied contract, on the other hand, is formed when a person’s conduct indicates that they have agreed to a certain arrangement even though it was not specifically stated. In Washington, an implied contract may also be enforced by a court if the court finds that there was a meeting of the minds between the parties involved. To sum up, the key difference between an express and implied contract is that an express contract requires the terms of the agreement to be explicitly stated, while an implied contract is based on the inferred intention of the parties involved. An express contract is generally more certain and enforceable under Washington law than an implied contract.

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