Ls311 Unit4 Assignment2

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Assignment 2 - Case Scenario LS311-01: Business Law June 9, 2014 Assignment 2 - Case Scenario A contract can be either an express contract or an implied contract. An express contract is one in which the terms are expressed verbally, either orally or in writing. An implied contract is one in which the conduct of the parties involved is defined by their actions. An implied contract is formed if the following conditions exist: the plaintiff provided a service or property; the plaintiff expected to be paid for that service or property and that the defendant should have known or knew that payment was expected; as well as the defendant had a chance to reject services or property and did not (Miller & Jentz, 2010, p. 156). In this scenario, yes, there is a contract which would be considered as an implied contract. Part of the requirements for a contract to be valid is acceptance. Even though the store, Krunch didn’t say anything when McDougal walked out of the candy store with the candy bar, this is still considered to be acceptance of McDougal taking the candy bar without paying for it. Krunch had a duty to speak up and not allow McDougal to walk out of the store with the candy bar even though he was busy. Due to Krunch and McDougal’s prior dealings of McDougal coming into Krunch’s store to purchase a candy bar or two each day, signified to McDougal by Krunch’s silence that he was ok with McDougal walking out of the store without paying for the candy bar. All three conditions existed in this scenario to consider this was an implied contract between McDougal and Krunch. Reference Miller, R. & Jentz, G. (2010). Fundamentals of Business Law. (8th ed). Mason, Ohio: Cengage

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