One Requirement of an Express Contract is That it Be in Writing
An express contract is a legally binding agreement between two or more parties that defines the terms and conditions of their relationship. Unlike an implied contract, which is formed through the conduct of the parties, an express contract is created through written or oral communication. However, in most cases, an express contract must be in writing to be legally enforceable.
The requirement that an express contract be in writing is based on the Statute of Frauds, a legal doctrine that originated in England in the 17th century. The Statute of Frauds requires that certain types of contracts must be in writing to be enforceable, including contracts for the sale of goods over a certain dollar amount, contracts for the transfer of real property, and contracts that cannot be performed within one year.
In the United States, each state has its own version of the Statute of Frauds, but they all contain similar provisions. For example, in the state of California, an express contract must be in writing if it involves the sale of goods worth $500 or more, a lease agreement that lasts for more than one year, or a contract for the transfer of real property.
The reason why an express contract must be in writing is to prevent fraud and misunderstandings. If a contract is not in writing, it can be difficult to prove that an agreement was reached or what the terms of the agreement were. For example, if two parties enter into a verbal agreement, they may remember the terms of the agreement differently or forget certain details over time. Having an express contract in writing ensures that both parties have a clear understanding of their obligations and can refer to the terms of the agreement if a dispute arises.
In addition to the Statute of Frauds, there are other reasons why an express contract should be in writing. First, having a written contract helps both parties remember their obligations. Second, a written contract serves as evidence in court if a dispute arises. Finally, a written contract can be used to negotiate more favorable terms, as both parties can take the time to review and revise the document before signing it.
In conclusion, an express contract is a legally binding agreement that defines the terms and conditions of a relationship. To be legally enforceable, an express contract must be in writing. The requirement that an express contract be in writing is based on the Statute of Frauds, which aims to prevent fraud and misunderstandings. By having an express contract in writing, both parties can ensure that they have a clear understanding of their obligations and can avoid disputes in the future.
