Business Law

Pamela Lisk

LS311- 02 Business Law #2

Professor Jeffrey Gulley, J.D.

March 2, 2015

Kaplan University

Suppose that a local businessperson, McDougal, is a good friend of Krunch, the owner of a local candy store. Every day on his lunch hour McDougal goes into Krunch’s candy store and spends about five minutes looking at the candy. After examining Krunch’s candy and talking with Krunch, McDougal usually buys one or two candy bars. One afternoon, McDougal goes into Krunch’s candy shop, looks at the candy, and picks up a $1 candy bar. Seeing that Krunch is very busy, he catches Krunch’s eye, waves the candy bar at

Krunch without saying a word, and walks out.

The difference between an express contract and an implied contract, also known as an implied-in-fact contract, is that one is written and one is not. An express contract is where the terms of the agreement are fully and explicitly stated in words, oral or written. An implied contract differs from an express contract in that the conduct of the parties, rather than their words, creates and defines at least some of the terms of the contract (Miller & Jentz, 2008). This scenario would, in my opinion, be considered an implied contract. Since McDougal goes into the candy store every day, spends time looking at the candy, and almost every time buys a candy bar. When McDougal noticed that Kruch, the store owner was busy, McDougal just picked up a candy bar and waves it to Krunch and walks out, this fulfills “a plaintiff furnished some service or property” (pg. 156). Since McDougal has been going to the store every day, he would most likely continue to do so and not just stop showing up or not stop by to pay his friend at a later date, if not the next day, this fulfills, “the plaintiff expected to be paid for that service or property, and the defendant knew or should have known that payment was expected” (pg. 156). The fact that Krunch, the store owner, did not say anything and remained silent would be...