Certain business and personal transactions are neither oral nor written but are nevertheless legally binding. The terms of these agreements are understood from the cations or conduct of the parties, from the customs of the trade, or from the conditions or circumstances rather than from oral or written words. Do you think implied contracts should be enforceable? Why or why not?

Sample Answer

Sample Answer



The Legitimacy of Implied Contracts: A Critical Examination

In the realm of business and personal transactions, the concept of implied contracts plays a significant role. These agreements, though not explicitly documented in written or oral form, are deemed legally binding based on the actions, customs, or circumstances surrounding the parties involved. The question arises: should implied contracts be enforceable? This essay will delve into the merits and demerits of enforcing implied contracts to provide a comprehensive analysis.


Opening Statement: Implied contracts, founded on actions and circumstances rather than explicit terms, are a cornerstone of legal agreements in various spheres.
Background Information: The legal recognition of implied contracts stems from the notion that parties can form binding agreements through conduct and tacit understandings.
Thesis Statement: While some argue that implied contracts lack clarity and may lead to ambiguity, their enforceability is crucial in upholding fairness and justice in transactions.


First Main Point: Implied contracts reflect the essence of mutual assent and fairness, as parties engage in conduct that demonstrates their consent to be bound by certain terms.
Second Main Point: Enforcing implied contracts promotes efficiency and flexibility in business dealings, allowing for adaptive agreements that evolve with changing circumstances.
Counterarguments: Critics may contend that implied contracts are susceptible to misinterpretation and disputes due to their implicit nature, potentially leading to legal uncertainties.
Personal Analysis and Insight: I believe that while explicit contracts provide clarity and specificity, implied contracts serve as a valuable mechanism for addressing unanticipated situations and fostering trust among parties.


Summary of Main Points: Implied contracts, though reliant on actions and circumstances, play a vital role in facilitating agreements where formal documentation may be impractical or unnecessary.
Restate Thesis: Upholding the enforceability of implied contracts is essential in recognizing the diverse ways in which parties can manifest their intent to be bound by legal obligations.
Closing Remarks: By acknowledging the significance of implied contracts and ensuring their enforceability within legal frameworks, we can uphold the principles of justice and equity in a dynamic landscape of transactions.


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