What Are the Implied Contracts - Case Study Example

The determining factors for implied contracts include the conduct of the parties involved in the contract and the level of trust that exists between the parties. Showing the intention to pay the sum also plays a decisive role in implied contracts. As in our case, McDougal did not say even a single word and just waved his hand at Krunch, which showed his intention to pay later. Trust and expectation play a vital role in implied contracts. Implied contracts are made on the basis of reason, understanding, and tradition.

Silence can be treated as an act of acceptance but in very rare cases. In the case of trustworthy relationships, acceptance does not need to be communicated to the other person in order to be effective. For example, in the case of implied contracts, silence is used as a gesture for acceptance that is based on the factors of trust and confidence in the other party. However, in all other forms of contracts, there must be an agreement between the parties regarding consideration of silence as acceptance because, without any such agreement, silence can never be considered as an acceptance of the other party does not intend to accept any specific contract.