First, define an express contract and an implied contract. Next, present the three conditions that generally must be met for the courts to find an implied contract, and provide an example of an express contract, and an implied contract.

Express contracts have all their terms clearly set forth in either written or spoken words. Implied contracts arise not from words, but from the conduct of the parties. For an implied contract to be found, first, the plaintiff needs to have provided some property or service to the defendant. Second, the plaintiff should have expected to be paid for such property or service, and a reasonable person in the position of the defendant would have expected to pay for it. Third, the defendant should have had an opportunity to reject the property or service, but did not. An example of an express contract is when terms are clearly laid out and parties enter into an agreement such as to buy a vehicle. An example of an implied contract is going to the dentist's office in an emergency. Although discussions are not held prior to treatment, payment is implied.