Express terms are statements made by the parties in the contract.

• A. True
• B. False
• C. They can only be oral
• D. They can only be written

Answer: (A)

Express terms are the statements the parties have agreed to that set out their rights and obligations under the contract. They can be spoken or written; there’s no requirement that express terms must be in writing. If during negotiations the parties agree on a price, delivery date, or specific quality, and that agreement is either spoken or written, those statements are express terms. This is why saying they can only be oral or only written is not correct. Express terms capture what the parties actually agreed to, while other terms may be implied by law or by the contract’s conduct, but those aren’t express terms unless the parties expressly intended them to be. For example, agreeing that goods will be delivered by a certain date and at a stated price constitutes express terms, whether stated in a written contract or declared orally.