Oral contracts, implicit contracts, and why they're needed

Lucas Gonze lucas@gonze.com
Mon, 4 Jun 2001 19:23:00 -0400


Hmmm...  So a squeegee guy is also trying to use an implicit contract.  Where's
the limit?  If you move into a new home, the phone hasn't been switched off, and
you use it, is there an implicit contract with the phone company?


> An implicit contract is one where the terms are NOT
> expressed, neither orally nor on paper. You walk
> into a restaurant and sit down. The waitress asks,
> "What would you like?" You say, "A slice of apple
> pie sounds good." After you eat, she brings a bill.
> What? A bill?!? You thought she was just being
> kind. Never did you *explicitly* agree to pay for the
> pie. Well .. the court isn't going to buy that. You
> made an implicit contract when you went through
> the socially conventional mechanisms for eating
> at a restaurant, thereby accepting the socially
> conventional, implied contract for doing so.