lunes, 25 octubre 2021

No Express Agreement: What It Means and Why It Matters

When entering into a contract or agreement, it`s crucial to understand the terms and conditions that govern the arrangement. One important concept to be aware of is «no express agreement» or «NEA,» a legal term used to describe a situation where no specific and clear agreement has been made between parties.

In practical terms, NEA means that both parties have not agreed on a particular term, condition, or provision that should be included in the agreement. This can be due to various reasons, such as an oversight, lack of negotiation, or communication breakdown.

Why Does NEA Matter?

The presence of NEA can have significant implications for the parties involved, particularly in terms of their rights and obligations under the agreement. When there is no express agreement on a particular matter, the default rules and laws of the jurisdiction where the agreement was formed will apply.

For example, if there is NEA on the issue of the payment terms, the default rule may be that payment is due upon completion of the work. However, if one party expected payment before the work was complete, they may be left without any legal recourse under NEA.

Additionally, NEA can lead to misunderstandings, disputes, and legal conflicts down the road. For instance, if one party assumes that the other will perform a particular obligation, but there is no express agreement to that effect, it may create confusion and discord between the parties.

How to Avoid NEA

To avoid NEA, it`s essential to have clear communication and negotiation between parties before entering into any agreement. This includes discussing and agreeing upon all relevant terms and conditions that are important to both parties.

It`s also important to document all negotiations, discussions, and agreements in writing to avoid any misinterpretation or confusion later on. This can include drafting a formal written agreement or contract that outlines all the terms and conditions that have been agreed upon.


No express agreement can be a significant issue in contractual relationships, as it can result in confusion, misunderstanding, and legal conflicts. To avoid NEA, it`s vital to communicate clearly, negotiate in good faith, and document all agreements in writing. By doing so, parties can ensure that their rights and obligations are clear and that the agreement is enforceable under the law.