Which statement accurately describes an express contract?

• A. The terms of the agreement are fully and explicitly stated in words, oral or written
• B. It is not enforceable unless written
• C. It cannot be terminated
• D. It requires formal approval from a court

Answer: (A)

An express contract is formed when the terms are clearly stated in words, whether spoken or written. The key is that the promises and obligations are openly articulated, not left to inference. That explicit articulation distinguishes an express contract from an implied one, where the agreement is inferred from conduct or surrounding circumstances.

This clarity matters for enforceability because once the terms are stated, the parties’ obligations are understood and can be enforced if a breach occurs. It’s perfectly valid for an express contract to be oral or written; writing is not a requirement for every express contract, though certain agreements must be in writing under statutes of frauds.

So the statement describing an express contract as having terms fully and explicitly stated in words, oral or written, is the best fit.