Types of Contract

No any law can be define, categorized or classified in one word or

sentence. A person may be classified in the basis of his/her
personality, professional, family back ground etc. Same example
may apply while classifying Contract.

You are likely be a party to contracts in your daily life. Everything from
eating at a restaurant to buying a Car includes some form of a contract.
The following are some of the most common contracts that are used.

1. Contract on the basis of Creation

Express Contract: An express contract is the most common contract

type. In this type of contract, all elements are specifically stated. This
can be written or done orally. Either way, offer, acceptance and
consideration must bind the parties together legally. And both parties
must clearly understand the terms and conditions each is agreeing to.
Black’s law dictionary: A contract with terms spelled out in writing.

Whitley’s dictionary defines Express Contract as “a contract expressed

in words, or by signs which custom or usage has made equivalent by
words, look or actions.

Express: Means how you show your idea, feeling and thinking the way
of your Communication. Furthermore, express means to show or make
known a feeling, an opinion, by words, look or actions. Legal values of
the expression are by written but in some jurisdiction it is oral also.
To speak, write or communicate in some way what you think or feel; to
represent something in a particular way, for example by writing –
document, symbol or paintings. Hence Express Contract is one which
is made by words spoken or written.

Written Expression: Written expression can be defined in the manner

of writing but not limited to it. It may be express in the manner of Sign,
Symbol, Gesture etc. (in some jurisdiction gesture also may consider as
a written expression but not applicable in Contract as such, only in
Traffic law Violation cases in USA and other developed countries)

Written Expression means “Language expressed in writing rather than

speech.

A written contract is an agreement made on a printed document that has

been signed by both Contracting parties. Written contracts are easier to
enforce rather than oral.

Example: A writes a letter to B, I offer to sell my car for Rs. 1000000 to

you. B send a letter to A, I am ready to buy your car for Rs. 1000000. It
is an express contract made in writing.

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