csc@watmath.UUCP (Computer Sci Club) (03/31/84)
Implicit contracts are not nonsense. They play an important role in
our society. In essence an implicit contract exists between two parties
when the parties act in such a manner that a reasonable person (i.e not
someone who submits articles to the net :-) ) would expect that both
people know and have accepted the terms of the contract. Implicit
contracts are legally recognized and enforcable. Eg. If I go up to
my corner store, pick up a newspaper, hand a quarter to the salesperson
who accepts it, and leave, a sales contract exists between myself and
the store. I now own the newspaper, the store now owns the quarter.
Furthermore part of the contract states that the newspaper is what
it appears to be. If it were blank inside, the store would be in
breach of contract and I could get my money back (in theory). The
questions of when does an implicit contract exist, and what are the
terms of such a contract are decided by the courts.
Therefore it is perfectly reasonable to ask "Does an implicit contract
exist between a man and a woman who decide to have intercourse?" The
answer is yes! In particular the man contracts to assume a certain
degree of financial responibility to any offspring that might arise
as a consequence of the act (isn't english wonderful). The question
as to whether the terms of the contract include giving the man a veto
over abortion was recently asked and at least one court has answered
in the negative. But the question itself remains a reasonable question
and must be answered by arguing that the implicit contract does or does
contain such terms. It cannot be dismissed by dismissing the notion of
the implicit contract.
Implicit contracts can be enormously complicated and far reaching. (Consider
two people living in a "Common Law" sitiuation) Ignore them at your
peril!
William Hughes
ps. The astute reader will have noticed that I have not given an opinion
one way or another. This is because my arguments are not appropriate
to this group.
References: <370@csin.UUCP>, <7414@watmath.UUCP>