Express Versus Implied Contract

Express versus Implied Contract

By Amy

Kaplan University

Business Law

The Case

Express versus Implied Contracts. 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. Is there a contract? If so, explain. Discuss the elements of an implied contract. Discuss silence as acceptance.

Summary

In this unit, I learned about the difference between an Express versus an Implied contract. An express contract is where the terms of the agreement are fully and explicitly stated in words, oral or written. An implied contract is where the plaintiff furnishes a service or property, the plaintiff expected to be paid for the service or property, and the defendant knew that payment was expected, or the defendant had a chance to reject the services or property and did not. (Miller)

In this case study, yes an implied contract was created, and is based on the past history that McDougal and the owner of Krunch have. McDougal goes into the store everyday on his lunch hour and looks at what candy he has, and usually will purchase a piece. I feel that the key point to this scenario is that he was consistent with his routine of going into the candy store and purchasing an item. He saw that the owner of Krunch was busy and instead of waiting to pay he waived the candy so that the owner knew he was taking it, and implying that he would pay at a later time. McDougal was not doing this to steal the item and made the...