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Express versus Implied Contracts for McDougal and Krunch

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.

In responding to the question be sure to:

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

Detailed multi-paraqgrpah response provided by one of our experts!

Concerning traditional business contracts, unless.

Solution Preview

Concerning traditional business contracts, unless there is already an existing written or oral contract not mentioned, I don't think there is a contract here in this case. That is because contracts must have mutual consent (the seller did not at first or say/mouth something like OK to the buyer. Also, while there was not a real offer made (like showing the seller the dollar bill) and as just stated there was also no ...

Solution Summary

This solution discusses traditional express and implied business contracts in 289 words.

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