Hypothetical: Dr$.$ Dredd goes out to dinner at a restaurant. He points to an item on the menu and the waitress nods. Later she brings out the food, which Dr$.$ Dredd eats. When presented with a bill Dr$.$ Dredd objects, arguing that he has not made a contract with the restaurant and will not be paying.

How would a court rule on this dispute?

The court will rule for the restaurant. It would be unfair to allow Dr$.$ Dredd to dine and dash.

The court will rule for Dr$.$ Dredd. The contract must be express to be enforceable.

The court would rule for the restaurant. The contract was implied by the actions of the two parties.

The court will rule for Dr$.$ Dredd. There was no written contract to enforce.