Express versus Implied Contracts. Suppose that a local businessperson, McDougal,

Question

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, classify it within the categories listed in this chapter. In responding to the question be sure to:

? Discuss the elements of an implied contract.
? Discuss silence as acceptance.

Explanation / Answer

Both are implied contracts. An implied contract arises based on the vary nature of the relationship. In the case of Krunch, the relationship is unmistakeable as that of seller and buyer.

On the other hand, an express contract is an overt agreement where each and every term is spelled out and agreed upon ahead of time, often through negotiation.

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