In the following 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. 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 and Jentz, 2008). This would be considered an implied contract. Based on the history that McDougal goes into the candy store every day, spends time looking at the candy, and almost every time buys a candy bar. The time that Kruch the store owner was busy, McDougal picked up a candy bar and waves it to Krunch and walks out. McDougal would have paid for the candy bar at a later time, and would be implied based on his actions. The fact that the store owner did not say anything and remained silent would be considered as an element in an implied contract. Most implied contracts would have to do with what association or relationship the two parties have when making the contract. McDougal has been going to the store everyday and he would most likely not stop showing up or just not stop by to pay his friend.
References
Miller, R., & Jentz, G. (2008). Fundamentals of