a. There is no contract because there is no mutual assent
An implied in fact contract is as enforceable as an express contract.
Barnsdall Refining Corp. Imagine you offer a friend $2,000 to install new floors in your home. This is a unilateral contract because if the floors are not installed, you have no obligation to pay. On the other hand, your friend has no obligation to install the floors. If he or she does so, the contract takes effect and is legally enforceable.
This is a one-sided agreement because a promise to pay is exchanged for action or forbearance of action. If the action is completed, the contract must be fulfilled by the buyer, but the other party cannot be forced to complete the action.
Legal Enforceability. Both types of contracts can be breached, or broken. This is the failure to fulfill the contract terms without a legally valid excuse. To prove a contract breach in court, you must establish: Both types of contracts can be enforced in court.
Unilateral contracts can be enforced by the legal system . However, issues can arise if one party completes the action in question but the other party fails to pay. For example, if a reward is promised for a lost cat and a person returns the cat but does not receive the reward, he or she may be entitled to legal remedy.
Another example: If you put up a reward for the return of your wallet, a unilateral contract exists with anyone who returns the wallet. This is a rare instance in which an advertisement constitutes a legal agreement.
On the other hand, your friend has no obligation to install the floors. If he or she does so, the contract takes effect and is legally enforceable.
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a. There is no contract because there is no mutual assent
An implied in fact contract is as enforceable as an express contract.