An express contract is enforceable like any other legally binding contract. We will now look at some disagreements. In this case, I should tell you that whenever we disagree with someone, it may seem quite rude to just say, „I don`t agree.” That`s why I`ve added 4 expressions of openness that make disagreements more polite. So, if you are looking at the list below, try to combine one of the 4 expressions of the first level that include one of the different expressions of the second level. For example: (1)I fear (2)I do not share your point of view. If the conditions have been expressly established and the parties have expressly agreed to be bound by these conditions, you have an express contract. You can distinguish an express contract from an implied contract by the way they are formed. An explicit contract, whether oral or written, is concluded when there is a „mutual agreement” or the „meeting of minds”. Express contracts are contracts in which the parties have clearly expressed the conditions to which they are bound.
It is a contract in which the parties clearly exchange a mutual promise to be bound by certain obligations and expressly demonstrate their intention and willingness to make a legal commitment to fulfill their obligation. Even if there is knowledge and assessment of a risk, the applicant cannot be prevented from recovering if the circumstances introduce a new factor. The fact that the applicant is fully aware of a risk, such as the speed of one vehicle, does not mean that he accepts another of which he knows nothing, such as the driver`s intoxication. Although knowledge and understanding of the risk taken is included in the concept of risk-taking, it is possible for the applicant to take risks of which he does not know the specific existence – to agree to venture into unknown conditions. In most cases, this is an explicit obligation, but in a few cases it may arise implicitly. A guest who accepts a free ride in a car has been taken care of as the owner who assumes the risk of defects in the vehicle that are unknown to the driver. If there is ambiguity as to whether or not a person has accepted a contract, you cannot be in the presence of an explicit contract and a court may not have the quality of the agreement as such. Even if the plaintiff does not protest, the risk is not assumed if the defendant`s conduct did not provide the individual with a reasonable alternative, which led him to act under duress […].