Question

Suppose that Everett McCleskey, a local businessperson, is a good friend of Al Miller, the owner...

Suppose that Everett McCleskey, a local businessperson, is a good friend of Al Miller, the owner of a local candy store. Every day on his lunch hour, McCleskey goes into Miller's candy store and spends about five minutes looking at the candy. After examining Miller's candy and talking with Miller, McCleskey usually buys one or two candy bars. One Afternoon, McCleskey goes into Miller's candy shop, looks at the candy, and picks up a $1 dollar candy bar. Seeing that Miller is very busy, he waves the candy bar at Miller without saying a word and walks out. Is there a contract? Explain your answer.

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Answer #1

Yes, there is a contract. In this case an implied contract is formed between McCleskey and Miller through their actions. There is a routine for Miller to buy candy from McCleskey’s shop and hence McCleskey would reasonably expect Miller to pay for the $1 candy bar when he waved at McCleskey as McCleskey was busy. An implied contract is formed

  • When the plaintiff furnished some service or property,
  • The plaintiff is expected to be paid for that property and the defendant knew that payment was expected and
  • The defendant had a chance to reject the services or property and did not.

In this case, McCleskey has furnished property in the form of candy bar and he is expected to be paid for the same. Miller knew that he should pay $1 for the candy bar and he had a chance to reject the candy bar but still he picked it though McCleskey was busy and waved as a sign to show that he would be paying later. Hence there is an implied contract formed between McCleskey and Miller.

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