Express contracts means terms of the agreement are in writing. And it is a contractual term specifically stated to be part of the contract. Implied contract means the duties and obligation of both parties are not expressed but are implied by their acts or conducts.Both indicate by their conduct that they have a mutual agreement and need not express the agreement in words.nd it is a contractual term specifically stated to be part of the contract. Implied contract means the duties and obligation of both parties are not expressed but are implied by their acts or conducts. Both indicate by their conduct that they have a mutual agreement and need not express the agreement in words.