Main difference between Express & Implied Contract - Understanding it the hard way

contract ts_lawcet intermediate agree_disagree

Yaar, I'm still recovering from last semester's paper and I had a realization - many of us confuse Express Contract with Implied Contract. The common claim is that if there's an express contract, it's written down and signed, and if it's not written, it's implied. But, the truth is, Implied Contract is not just about written or oral. It's about the conduct of parties involved. For example, in the case of Lalman Shukla vs. Gauri Dutt [(1920) 47 IA 237], the Supreme Court held that even if there's no express contract, if one party's action leads to a reasonable inference of a contract, it can be considered an Implied Contract. So, it's not about written or oral, it's about the intentions and actions of parties involved.

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Parth ยท Legal Eagle

Muje lagta hai ki yeh sawal bahut confusion pradaan karta hai, lekin ek baat yeh hai ki Implied Contract jyada complex hai. Ek Express Contract mere pas hai, ismein sab kuchh likh jata hai, while Implied Contract wahan hai jahan contract ke terms implication se hi determine hote hain. Lekin agar Implied Contract jyada complex hai, toh kya Express Contract jyada strong hai?