What is the difference between an express and implied contract?

In South Carolina, the difference between an express and implied contract is the way the agreement is made between the parties involved. An express contract is a contract that is clearly stated verbally or in writing between the parties involved. It is usually created through formal negotiations and the terms are clearly outlined in the agreement. An implied contract, on the other hand, is an agreement made without any verbal or written communication between the parties. This type of contract is implied through the parties’ behavior and actions, such as making a purchase or using a service. For example, if you buy a product from a store, the act of purchasing the product implies that you accept the terms of sale by the store. The main difference between an express and implied contract is that with an express contract, the terms are explicitly defined in a written agreement or through verbal communication. With an implied contract, the terms are implied or accepted through the parties’ behavior and actions. In South Carolina, all contracts must comply with state law in order to be legally binding.

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