The specific terms and conditions that are agreed upon and stated in the contract.
Offer and acceptance: The basic principles of offer and acceptance in contract law, and how they apply to express terms.
Consideration: The concept of consideration in contract law, and how it affects express terms.
Intention to create legal relations: The legal principles that govern whether an agreement creates a legally binding contract, and how this affects express terms.
Capacity to contract: The legal capacity of parties to enter into contracts, and how it affects express terms.
Formalities: The legal formalities that must be satisfied in order for a contract to be valid, and how they affect express terms.
Construction: The process of interpreting express terms, and the various rules and principles that apply.
Certainty: The requirement of certainty in express terms, and the various rules and principles that apply.
Condition, warranty and innominate terms: The different types of express terms, and the rules that apply to each.
Exclusion and limitation clauses: The use of exclusion and limitation clauses in contracts, and the rules that govern their enforceability.
Unfair terms in consumer contracts: The laws governing the use of unfair terms in contracts with consumers, and how they apply to express terms.
Contracts for services: The specific rules and principles that apply to express terms in contracts for services.
Contracts for sale of goods: The specific rules and principles that apply to express terms in contracts for the sale of goods.
Contracts of employment: The specific rules and principles that apply to express terms in contracts of employment.
Inconsistent terms: The legal principles that govern inconsistent express terms in contracts, and how they are resolved.
Breach of contract: The consequences of breaching express terms in a contract, and the remedies available to the innocent party.
Condition: A fundamental term that goes to the root of the contract. A breach of condition allows the innocent party to terminate the contract and sue for damages.
Warranty: A secondary term that is not essential to the contract, but rather a minor promise that is made. A breach of warranty only allows the innocent party to sue for damages.
Innominate Term: A term that is not clearly a condition or a warranty at the time the contract is made. The court will determine the seriousness of the breach to decide whether it is a condition or a warranty.
Time is of the essence: A term that makes it clear that time is a critical element of the contract. A failure to complete the contract at the specified time can result in termination of the contract and damages.
Performance: A term that specifies the quality and manner of goods or services to be provided under the contract.
Payment: A term that specifies the price to be paid for the goods or services under the contract.
Exclusion Clause: A term that limits or excludes liability for a breach of contract. It must be fair and reasonable to be enforceable.
Entire Agreement: A term that specifies that the written contract represents the entire agreement between the parties and supersedes any prior negotiations or agreements.
Indemnity: A term that provides compensation to one party in the event of losses incurred as a result of the contract.
Force Majeure: A term that excuses non-performance of a contract in the event of unforeseeable events (such as natural disasters or war).