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SondraStark_Unit4CaseStudy_MT311-07 - There are three...

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UNIT 4 CASE Sondra Stark Unit 4 Case Study Business Law I MT311-07 Kaplan University April 14, 2010
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UNIT 4 CASE This case study is determining the difference express and implied contracts and what kind of contract McDougal used when taking the candy bar from Krunch without paying. This is considered an implied contract, or implied in fact contract. This means that McDougal knows he owes the money to Krunch for a product, and the next day when he is in the store he must pay for it. The contract is implied by both parties conduct. McDougal showed that he was taking the candy bar without paying, because Krunch was busy, and Krunch acknowledged that. Krunch could have called the police, but since he didn’t, his conduct showed he agreed to the implied contract.
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Unformatted text preview: There are three elements that must be present in order for an implied contract to stand. The first and most obvious is that the plaintiff furnished a product or service. In this case, Krunch provided a candy bar. The second circumstance that must be met is the plaintiff expects to be paid for the product; and the defendant knows that payment is expected. Finally, the defendant must be given a chance to reject the product and didn’t. All three of these instances are present in this case study; therefore making this an implied contract. UNIT 4 CASE REFERENCES Miller, R., & Jentz, G. (2009). Fundamentals of Business Law Part I. Pg 156....
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