What can be said about the terms of an express contract?

Study for the LEGL 2700 Hackleman 2 Exam. Enhance your skills with multiple choice questions, comprehensive explanations, and strategic study tips. Prepare for success!

An express contract is defined by clear and definite terms that are explicitly stated by the parties involved. These terms can indeed be communicated either verbally or in written form. The critical characteristic of an express contract is that both parties have a clear understanding of their rights and obligations, which are expressed directly rather than implied.

Verbal agreements can create enforceable contracts as long as they meet necessary legal criteria, although written contracts often provide clearer evidence of the agreement. Therefore, recognizing that express contracts can be established through both verbal and written terms highlights their flexibility and the importance of clear communication in contract formation. This understanding is essential in contract law, as clarity helps prevent misunderstandings and disputes between parties.

The other options do not accurately represent the nature of express contracts, such as the idea that mutual agreement is not required or that they are only valid if signed, which misrepresents the fundamental principles of contract formation.

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