Contracts

II. Scope of contracts

1. Express

   1. Genuine contract, where the source of obligation iS the intentions of the parties
   2. The agreement iS by "words", formed by language, oral or written
   3. Language used by the contracting parties cannot be divorced from the environment in which they have conducted negotiations
   4. Normal action is action for breach of contract (person can recover for both unjust enrichment and the value of the promised performance).

Cases: Denial of express contract in Barnet's Estate (wife and husband; husband dies; she worked in the home -- more business-like, fairness to other beneficiaries)

B. Implied-in-fact

1. Contract with no written or oral statement of the promise
2. It does not differ from an express contract except that it is circumstantially proved -- infer agreement from circumstantial
3. Courts must find objective criteria for determining the intentions of the parties in the light of the circumstances surrounding the transaction, g. conduct of the parties.
4. Normal action is action for breach of contract (see above)