What is the key element in expressed contracts?

The key element in expressed contracts is the presence of oral and written agreements. An expressed contract is a type of agreement where the terms are explicitly stated and can either be communicated orally or in a written format. This clear communication of terms is essential as it defines the obligations and rights of the parties involved. By having explicit terms laid out, there is less room for confusion or misinterpretation, which is crucial in legal and business transactions.

Expressed contracts can be contrasted with implied contracts, where the agreement is inferred from the actions or circumstances of the parties involved rather than stated outright. The completeness of understanding is important but becomes relevant in the context of ensuring that both parties have consented to the same terms—this is facilitated by having those terms clearly expressed. The length of the contract, while relevant in some contexts, does not determine whether a contract is expressed; rather, it pertains to the viability of the agreement over time. Thus, the defining characteristic of expressed contracts lies in the clarity and explicitness of the agreements made by the parties, whether those agreements are articulated verbally or documented in writing.