ASS 087 ARIZ.docx - In a contract between offeror and offeree there are rules of proposal 1.0 An offer can be made by way of express or implied An

ASS 087 ARIZ.docx - In a contract between offeror and...

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In a contract between offeror and offeree, there are rules of proposal. 1.0 An offer can be made by way of express or implied. An expressed contract states the promises in a clear language while an implied contract, the actions or behaviours could lead the parties to believe that an agreement exists. For example, when a man wanted to buy a house, he searched and found the good one and later accepted the seller’s offer to buy the house. The contract he entered into is an expressed contract as the elements are specifically stated, including the offer, acceptance, and also the consideration between both parties (Kadian-Baumeyer). The implied contract however works differently. It evolves when no written contracts is present. It is an agreement created by actions of the parties involved. It is neither written nor spoken which means that there is no written record nor any actual verbal agreement. The circumstances of this type of contract may cause ones to become unjustly enriched as the result of their actions. An implied contract is also known as a legal substitute for a contract that is assumed to have been taken. There are two types of implied contract which are implied-in-fact and implied-in-law contracts (Kenton, 2017). An implied-in-fact contract is a contract that the parties presumably intended as their tacit understanding, as inferred from their conduct and other acts. It is agreed by non-verbal conduct, rather than by explicit words. Such contracts are automatically created when a party tacitly accepts something benefits at a time when it is also possible to reject it (Implied-in- Fact). For example, if a patient goes to see a doctor, his actions indicate that he intends to receive treatment in exchange for paying doctor's fees. Likewise, by treating the patient, it is the exchange for payment of the bill. Therefore, it seems that a contract actually existed between the doctor and the patient, even though nobody spoke any words of agreement but there was mutuality of consideration. Another one is implied-in-law contract which is created by law for the sake of justice and may be formed because of an obligation imposed by the law due to some special relationship between them or maybe because one of them is unjustly enriched instead. An implied-in-law contract is not a contract but it is actually a remedy that allows the plaintiff to
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recover the benefits conferred on the defendant. It can be described as claims (Implied-in- Law).
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  • Fall '15
  • Clarke, Pharmaceutical Society of Great Britain

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