Express provision: Definition, Example and Related Terms
What is an Express provision ?
An express provision refers to a specific term or condition that is explicitly stated in a legal document or contract. In other words, it's something that the people who are making the agreement decide to include in writing.
This is important because it helps to make everything clear and avoids any misunderstandings later on.
It's kind of like when you're playing a game and you decide on the rules before you start. If you write them down, everyone knows what they are and there's no arguing later about what's allowed and what's not. In a contract, an express provision can cover all sorts of things, from how much someone is going to be paid for a job, to when and how a contract can be ended.
Example(s)
Scenario Description A company is hiring a freelance graphic designer to create a logo for them. They agree on a price and a deadline for the work. In this case, the express provision in the contract might state that the graphic designer will be paid $500 to create a logo, and that the work must be completed and delivered to the company by the end of the month. This makes it clear to both parties what is expected and when. Two businesses are entering into a partnership agreement. They want to make sure that there is a clear process for resolving any disagreements that might come up. Here, the express provision might set out a specific dispute resolution process. For example, it might say that any disagreements will be settled through mediation before going to court. This gives both businesses a clear pathway to follow if there is a dispute.