Saturday, November 19, 2011

Different types of contracts

Hello, You guys.  There are several types of contracts, some that I probably do I not even know about.  There are some very interesting ones that I would like to share with you guys.

Implied-in-Fact contract, is a contract that is implied through action, and there is alot of room for talk to determine if it is Enforceable. these are the elements that make an implied in fact contract:
  1. The plaintiff provided property or services to the defendant
  2. The plaintiff expected to be paid by the defendant for the property or services and did not provide the property or services gratuitously.
  3. The defendant was given an opportunity to reject the property or services provided by the plaintiff but failed to do so

There was a case Wrench LLC v. Taco Bell Corp.  Rinks and Shields created the "psycho chihuahua" it was a cartoon character, whey they promoted, licensed, and marketed through their company, Wrench LLC.  In a  New York licensing convention two Taco Bell employees (a vice president, and a creative service manager.)  The taco bell employees were interested in the psycho chihuahua character, and took some material with them back to Taco Bell HQ. Taco Bell asked Rinks and Shields to create ads, and art boards. Taco Bel and Rinks and Shields presented to Taco Bell that to use a real dog, and manipulate the dogs mouth with computer graphics. They also presented Taco Bell with a scenario where the chihuahua dog passed by a female chihuahua dog to get to the tacos. Taco Bell did not enter into an express contract with Rinks and Shields or Wrench LLC.  Immediately after that Taco Bell hired an outside Advertisement agency, Chiat/Day and three months later a commercial that featured a live acting chihuahua dog that passes a female chihuahua dog to get to a man sitting on a bench who is eating Taco Bell.  Taco Bell never paid Wrench LLC, Rinks or Shields, for the chihuahua idea, So Wrench LLC sued Taco Bell  for recovery damages  for breach of implied in fact contract.   The decision of the court found a proper cause of action against defendant Taco Bell for breach of implied in fact contract.


So the moral of the story is, If you intend to get paid for a service that you provide, and you do not get paid, even if you did not sign any kind of contract, you can sue for Implied-in-Fact contract.

Express Contract: An oral or written words; an oral agreement.

Quasi Contract (Implied-in-Law Contract): The equitable doctrine  that allows a court to award monetary damages to a plaintiff for providing work or services to a defendant even though no actual contract existed between the parties.

Bilateral Contract: A contract entered into by way of exchange of promises of the parties, a "promise for a promise"  For example: Party A states to Party B "I promise to buy your bike, If you promise to buy my bike".

Unilateral Contract:  A promise for an act.  for example, Party A states: If you paint my wall by a specific date, I promise to pay you $3000.

The difference between Bilateral and Unilateral Contract is that Bilateral is a promise for a promise, and Unilateral is a promise for an act.

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