First Principles of Business Law
The contents of a contract
3. Express and implied agreement to terms

3.8. Terms agreed by implication

 

 

 

Read the facts and the question and then choose the best answer.

A, a writer, promises to pay B, a student, $500 to type an electronic version of A's handwritten manuscript. Although nothing at all was said about it earlier, B now says that A must provide the computer for her to work on.

In these circumstances, is it reasonable to infer that A agreed to supply B with a computer to do the work on?

(a) Yes. Even though nothing was said about this, it is obvious that A would have to supply a computer to a student who was going to type out his manuscript.

(b) No. Nothing was said about this, and most people have access to a computer. It is not obvious that A agreed to supply one to B without saying so expressly.

 

 

 

 

 

 

 

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