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Description
II. Scope of contracts
- Express
- Genuine contract, where the source of obligation iS the intentions of the parties
- The agreement iS by "words", formed by language, oral or written
- Language used by the contracting parties cannot be divorced from the environment in which they have conducted negotiations
- Normal action is action for breach of contract (person can recover for both unjust enrichment and the value of the promised performance).
Cases: Denial of express contract in Barnet's Estate (wife and husband; husband dies; she worked in the home -- more business-like, fairness to other beneficiaries)
B. Implied-in-fact- Contract with no written or oral statement of the promise
- It does not differ from an express contract except that it is circumstantially proved -- infer agreement from circumstantial
- Courts must find objective criteria for determining the intentions of the parties in the light of the circumstances surrounding the transaction, g. conduct of the parties.
- Normal action is action for breach of contract (see above)