Contracts and Privacy Issues

Contracts and Privacy Issues

1.What is the difference between?

An express and an implied contract?

Express contract has enforceable, specific and unambiguous terms within the contract. Irrelevant of the specification, the terms and conditions can be inferred of the contract. This calls for an implied contract. Implied contract means that the action is done and then there is legal obligation. For example, ordering a meal at a restaurant and paying for it after it's done is not an express contract, but calls for a contractual obligation for the payment of the food ordered (casebriefs.com).

When the terms are not clearly stated within a contract, then it is an implied contract. On the other hand, an express contract is where the terms which are agreed upon and clearly mentioned by both the parties when the contract is established. The contract can be in oral and written. Sometimes, there are times which are not mentioned but are written in the contract because it is necessary to do so. There are two main types of implied terms. First is the terms implied by statute and second are the terms implied by the courts which comprises of terms as a matter of fact, as a matter of law, and customary terms. With the use of express terms, implied terms can be excluded by the court (casebriefs.com).

A unilateral and a bilateral contract?

A bilateral contract is a promise made against an exchange of performance between two parties. It is not necessary within the unilateral contract that the other party is bound by the performance, but if it is done then the promise has to be fulfilled according to the agreement. Within a bilateral contract, both the parties are obliged to fulfil their promises. Courts have distinguished between unilateral and bilateral contracts by determination of parties among ...