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Express vs. Implied Contracts

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A written agreement between a writer and a publisher for a three-book deal.

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Express contract. The written contract clearly outlines the obligations of both the writer and the publisher.

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An artist agreeing to produce a portrait for a set fee.

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Express contract. The artist verbally agrees to the work for compensation.

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Using a coat check service at a museum, where you are given a ticket for your coat.

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Implied contract. By using the service and taking the ticket, it is understood that you agree to the service terms.

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Signing up for a gym membership online and agreeing to the terms of service.

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Express contract. The contract terms are provided and agreed to electronically.

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Buying a ticket to a movie at the theater.

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Implied contract. By purchasing a ticket, you agree to abide by the theater's rules.

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A lease agreement for renting an apartment, signed by both the tenant and the landlord.

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Express contract. The lease explicitly states the terms and conditions of tenancy.

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A mechanic fixing a car after the owner explained the problems and asked for it to be repaired.

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Express contract. The owner's request and the mechanic's agreement to fix constitute expressed terms.

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Renting a car online and checking a box that indicates you agree to the rental terms.

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Express contract. Checking the box is an electronic way of signing and agreeing to the stated terms.

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A software EULA that a user accepts before installation.

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Express contract. The End User License Agreement is presented and must be accepted before use.

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Hiring an attorney by paying an upfront retainer fee without a written agreement.

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Implied contract. Payment of the retainer fee is understood to secure the attorney's services.

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Ordering food at a restaurant.

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Implied contract. By ordering, you agree to pay for the meal.

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Paying a monthly fee for a subscription box without a formal agreement.

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Implied contract. The ongoing payment implies an agreement to receive the service.

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A doctor treating an unconscious patient at the hospital.

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Implied contract. The patient is unable to express consent, but treatment is necessary.

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Boarding a public bus and paying the fare.

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Implied contract. By boarding and paying, you agree to the terms of public transport.

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A written contract for the sale of a house.

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Express contract. The terms are clearly stated in writing and signed by both parties.

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Going to a barber and getting a haircut without prior discussion of payment.

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Implied contract. The service and payment are understood by practice and custom.

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Taking medicine from an over-the-counter pharmacy shelf and paying for it at the checkout.

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Implied contract. By taking and paying for the medicine, it's understood you agree to the exchange.

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Agreeing verbally with a friend to babysit their child every Friday night for 50.50.

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Express contract. The terms are specific and have been verbally agreed upon.

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A handshake agreement to paint someone's house for 500.500.

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Express contract. Although not written, the agreement's terms are clearly stated verbally.

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A job offer letter that states salary, benefits, and start date, which the recipient signs and returns.

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Express contract. The offer letter contains the explicit terms agreed upon when it's signed and returned.

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