Express versus Implied Contracts. Suppose that a local busin
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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.
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Solution Summary
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.
Solution Preview
An implied contract was formed. An implied contract is based on the past history involved with the case. In this case, we have the customer, who goes into the store each day, looks at the candy, and routinely buys a piece of candy. The significant point here is that it took place every day. ...
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