I am having to redo this assignment….apparently the teacher didn’t like my paper…she gave me a 0. Please help!

Locate information on one Federal Judicial decision regarding contract law (you can include Supreme Court decisions in your choice if you prefer). In a 1-2 page paper, discuss the issues surrounding this decision. Include an overview of the law, and why or how it came about. If the law relates to an actual court case, include a short summary of the actual case.

  

I have attached a copy of the paper that I submitted.  Maybe it will help to know what to stay away from.

Running Head: COURTS AND CONTRACT LAW 1

Courts and Contract Law

Julia Wolford

Rasmussen College

This research is being submitted on August 4, 2013 for Karen Inniss’s B234/BUL2241 course at Rasmussen College by Julia Wolford.

COURTS AND CONTRACT LAW 2

Courts and Contract Law

An implied contract is an agreement created by actions of the parties involved, but it is not written or spoken (investopedia.com, 2013). Even though words may not be expressed or spoken there is still a mutual agreement between parties and intent to promise. Implied contracts always start with the idea of an express contract.

There are two types of implied contracts, an implied in fact contract and an implied at law contract. According to fcw.com “The legal elements of an implied in fact contract are the same as an express contract: offer and acceptance, consideration and mutuality of intent. However, some of the terms must be deduced from the parties’ actions.” A contract implied in fact is not expressed by the parties but, rather, suggested from facts and circumstances that indicate a mutual intention to contract (thefreedictionary.com, 2013). This type of implied contract is normally done between parties that deal with each other on a regular basis. For example a company orders a number of units from a supplier without asking for the price. Payment is for the items are implied even though an express contract was not entered into. A contract implied in fact, which is inferred from the circumstances, is a true contract, whereas a contract implied in law is actually an obligation imposed by law and treated as a contract only for the purposes of a remedy (thefreedictionary.com, 2013).  Implied in law contracts are used by courts in order to prevent a person’s unjust enrichment at the expense of another person. For example, a person who stands silently by while another confers on him a benefit, knowing that the second person mistakenly expects to be compensated, may be required to pay a just amount for the value conferred (fcw.com, 2013).

COURTS AND CONTRACT LAW 3

Conduct will create a contract if the conduct of both parties is intentional and each knows, or has reason to know, that the other party will interpret the conduct as an agreement to enter into a contract (justia.com, 2013). When entering into a contract words don’t always have to be spoken. Sometimes implying is enough.

COURTS AND CONTRACT LAW 4

References

California Civil Jury Instructions (CACI) 305. Implied-in-Fact Contract. (2013). Retrieved August 4, 2013, from http://www.justia.com/trials-litigation/docs/caci/300/305.html

Contracts. (2013). Retrieved August 4, 2013, from http://legal-dictionary.thefreedictionary.com/Types+of+Contracts

Implied Contract. (2013). Retrieved August 4, 2013, from http://www.investopedia.com/terms/i/implied_contract.asp

What are Implied Contracts. (2013). Retrieved August 4, 2013, from http://fcw.com/articles/1998/11/15/what-are-implied-contracts.aspx