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Express vs. Implied Contracts
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A written contract for the sale of a house.
Express contract. The terms are clearly stated in writing and signed by both parties.
A handshake agreement to paint someone's house for
Express contract. Although not written, the agreement's terms are clearly stated verbally.
Going to a barber and getting a haircut without prior discussion of payment.
Implied contract. The service and payment are understood by practice and custom.
Ordering food at a restaurant.
Implied contract. By ordering, you agree to pay for the meal.
Signing up for a gym membership online and agreeing to the terms of service.
Express contract. The contract terms are provided and agreed to electronically.
Paying a monthly fee for a subscription box without a formal agreement.
Implied contract. The ongoing payment implies an agreement to receive the service.
An artist agreeing to produce a portrait for a set fee.
Express contract. The artist verbally agrees to the work for compensation.
A software EULA that a user accepts before installation.
Express contract. The End User License Agreement is presented and must be accepted before use.
A doctor treating an unconscious patient at the hospital.
Implied contract. The patient is unable to express consent, but treatment is necessary.
Boarding a public bus and paying the fare.
Implied contract. By boarding and paying, you agree to the terms of public transport.
A job offer letter that states salary, benefits, and start date, which the recipient signs and returns.
Express contract. The offer letter contains the explicit terms agreed upon when it's signed and returned.
Buying a ticket to a movie at the theater.
Implied contract. By purchasing a ticket, you agree to abide by the theater's rules.
A lease agreement for renting an apartment, signed by both the tenant and the landlord.
Express contract. The lease explicitly states the terms and conditions of tenancy.
A mechanic fixing a car after the owner explained the problems and asked for it to be repaired.
Express contract. The owner's request and the mechanic's agreement to fix constitute expressed terms.
Using a coat check service at a museum, where you are given a ticket for your coat.
Implied contract. By using the service and taking the ticket, it is understood that you agree to the service terms.
A written agreement between a writer and a publisher for a three-book deal.
Express contract. The written contract clearly outlines the obligations of both the writer and the publisher.
Renting a car online and checking a box that indicates you agree to the rental terms.
Express contract. Checking the box is an electronic way of signing and agreeing to the stated terms.
Hiring an attorney by paying an upfront retainer fee without a written agreement.
Implied contract. Payment of the retainer fee is understood to secure the attorney's services.
Agreeing verbally with a friend to babysit their child every Friday night for
Express contract. The terms are specific and have been verbally agreed upon.
Taking medicine from an over-the-counter pharmacy shelf and paying for it at the checkout.
Implied contract. By taking and paying for the medicine, it's understood you agree to the exchange.
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