Definition of “Express”
Legal Context
- Setting forth an Agreement: In law, “express” refers to something explicitly stated in words, whether written or spoken, that unambiguously signifies intent. This contrasts with terms that are implied, meaning they are not explicitly stated but can be inferred from conduct or circumstances.
- Distinction from Implied: In legal terms, “express” signifies an explicit, clear communication or intent, leaving no room for inference. For example, an express contract contains specific terms agreed upon by the parties and documented in a clear manner.
Transportation Context
- Transportation Service: “Express” refers to a transportation service that makes fewer stops compared to local services. This generally results in faster travel times for passengers or goods.
Examples
- Express Agreement: Two parties verbally agree to the terms of a service contract during a business meeting and subsequently document it.
- Express Bus Service: A bus route that makes only a few major stops between start and destination points, significantly reducing travel time.
Frequently Asked Questions
What is an express term in a contract?
An express term is a provision explicitly agreed upon by the parties involved in a contract. These terms are clearly documented either verbally or in writing to avoid ambiguity.
How does an express service differ from a local service in transportation?
An express service makes fewer stops than a local service, enabling faster travel times for passengers or goods.
Can an express term be implied?
No, express and implied terms are mutually exclusive. An express term must be clearly stated, while an implied term is understood to exist based on the conduct or circumstances without being explicitly stated.
Related Terms with Definitions
- Implied Terms: Provisions that are not explicitly stated but inferred from the nature of the agreement or the parties’ conduct.
- Contract: A legally binding agreement between two or more parties that creates mutual obligations enforceable by law.
- Local Service: A type of transportation service that makes frequent stops along its route, typically at every station or stop.
Online References
Suggested Books for Further Studies
- Contracts: Cases and Commentaries by John P. Dawson, William Burnett Harvey, and Stanley D. Henderson
- Black’s Law Dictionary by Bryan A. Garner
- The Law of Contract by G.H. Treitel
- Principles of Transportation Economics by Emile Quinet and Roger Vickerman
Fundamentals of Express: Business Law and Transportation Basics Quiz
### What defines an express term in a contract?
- [ ] Something assumed by the parties involved.
- [ ] A term that can be inferred from actions.
- [x] A term explicitly stated either in writing or verbally.
- [ ] A term that neither party can recall.
> **Explanation:** An express term is specifically stated either in writing or verbally, leaving no room for assumptions or inferences.
### How does an express term differ from an implied term?
- [x] An express term is stated clearly, whereas an implied term is inferred.
- [ ] Both terms are the same.
- [ ] An express term is always written, not spoken.
- [ ] An implied term always appears in a formal document.
> **Explanation:** An express term is explicitly communicated, while an implied term is understood from the actions, conduct, or circumstances.
### What is a primary characteristic of an express transportation service?
- [ ] It stops at every station.
- [ ] It makes more stops than a local service.
- [x] It makes fewer stops and offers faster travel times.
- [ ] It only operates during peak hours.
> **Explanation:** An express transportation service makes fewer stops, allowing it to offer faster travel times compared to a local service.
### Can an express agreement be verbal?
- [x] Yes, verbal agreements can be express.
- [ ] No, all express agreements must be in writing.
- [ ] Only if recorded.
- [ ] Only if witnessed by a third party.
> **Explanation:** Express agreements can be verbal as long as the terms are clearly stated and agreed upon.
### Which of the following would be considered an express bus service?
- [ ] A bus that stops at every stop.
- [x] A bus that makes stops only at major stations.
- [ ] A bus that operates only during the night.
- [ ] A bus whose route changes daily.
> **Explanation:** An express bus service makes only a few major stops, reducing total travel time.
### Are express terms enforceable in court?
- [x] Yes, express terms are clear and enforceable.
- [ ] No, express terms are not typically enforceable.
- [ ] Only if they are witnessed.
- [ ] Only if implied terms fail.
> **Explanation:** Express terms are explicitly stated and clear, making them enforceable in court.
### What is an example of an express contract?
- [x] A service agreement where terms are clearly documented.
- [ ] An understood partnership without a formal agreement.
- [ ] A handshake agreement without details.
- [ ] An assumed contract based on previous conduct.
> **Explanation:** An express contract is one where the terms are clearly documented, ensuring no ambiguity.
### Who benefits most from an express transportation service?
- [ ] Local businesses.
- [x] Commuters looking to reduce travel time.
- [ ] Tourists seeking a scenic route.
- [ ] Local government institutions.
> **Explanation:** Commuters generally benefit the most as express services reduce travel time significantly.
### Why is the clarity of express terms crucial?
- [x] It avoids disputes and misunderstandings.
- [ ] It complicates legal proceedings.
- [ ] It increases the duration of contractual negotiations.
- [ ] It reduces the need for professional legal advice.
> **Explanation:** Clear express terms help avoid disputes and misunderstandings, ensuring that both parties understand their obligations.
### What can be a consequence of not having express terms in a contract?
- [ ] Reduced legal costs.
- [x] Increased likelihood of disputes and litigation.
- [ ] Simplified contract management.
- [ ] Enhanced mutual trust.
> **Explanation:** Not having clear express terms can lead to misunderstandings and an increased likelihood of disputes or litigation.
Thank you for exploring the multifaceted uses of the term “express” and engaging with our specialized quiz. Continue to deepen your understanding in business law and transportation for enhanced expertise.
