Express does not automatically mean written. An express agreement communicates terms through spoken or written words. An agreement implied in fact is inferred from the parties' conduct and circumstances. The Florida Bar's discussion of contract instructions distinguishes these categories.

For example, ordering a service at a stated price uses expressed terms. A course of dealing may instead show an unspoken agreement. That distinction describes how assent appears, not whether every proposed agreement is enforceable.

For Florida land sales, keep the separate writing requirement in mind: section 725.01 generally requires a signed writing or memorandum. Do not turn a vocabulary answer into advice to buy property on a handshake. Continue with our Chapter 12 contracts guide.

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