Express terms are the specific promises and conditions that a contract sets out, whether written or spoken, as the exact rights and duties the parties have agreed. A solicitor in this area reviews, drafts, and negotiates these terms to ensure they are clear, lawful and enforceable, including clauses on price, delivery, performance standards and remedies for breach. They also check how express terms interact with implied terms, warranties, and applicable regulations, and help with drafting or negotiating terms in standard form contracts and commercial agreements.
What a solicitor handles in these matters
Express terms set out concrete rights and obligations that can be enforced in court or through arbitration. A solicitor will identify what happens if terms are breached, ensure conformity with relevant consumer or competition laws, and handle the drafting of precise remedies, limitation of liability, and performance milestones, while ensuring the contract remains coherent with any implied terms and applicable schemes or registers.