Discuss the difference between an express contract and an implied contract. Provide examples of each.

In contract law, the distinction between an express contract and an implied contract lies in how the parties' intentions and agreement are manifested. These two types of contracts differ in their formation and the manner in which the terms of the contract are established. Let's explore each type in detail and provide examples for better understanding:

1. Express Contract:
An express contract is a type of contract where the terms and conditions of the agreement are explicitly stated and agreed upon by the parties, either in writing or orally. The terms of an express contract are explicitly communicated, leaving no ambiguity regarding the rights and obligations of the parties involved. This type of contract is commonly used in various business transactions and can be enforced by law.

Example: Suppose John offers to sell his car to Sarah for $10,000, and they both agree to the terms of the sale, including the price, condition of the car, and payment method. They then sign a written contract that includes all the agreed-upon terms. In this scenario, the contract is express because the terms are explicitly stated in the written agreement, leaving no room for interpretation.

2. Implied Contract:
An implied contract is a type of contract that is formed based on the conduct of the parties or the circumstances surrounding their relationship. Unlike an express contract, the terms of an implied contract are not explicitly stated but are inferred from the actions or behavior of the parties. Implied contracts are based on the principle of fairness and the assumption that the parties intended to create a legally binding agreement.

Example: Suppose Mary visits a restaurant, orders a meal, and consumes it. In this situation, an implied contract is formed between Mary and the restaurant owner. The implied terms include Mary's obligation to pay for the meal and the restaurant owner's obligation to provide the meal. Although there is no written or verbal agreement, the conduct of both parties implies their intention to enter into a contractual relationship.

The key difference between express and implied contracts lies in the explicitness of the terms. Express contracts involve clear and explicit agreement on the terms, whether written or verbal, while implied contracts rely on the conduct and behavior of the parties to infer their intention to create a contract.

It's important to note that both express and implied contracts are equally valid and enforceable under contract law. The determination of the type of contract depends on how the agreement is manifested, whether through explicit communication or inferred from the parties' conduct and circumstances.