Section II.Implied vs. Express Contracts.This Section requires you to read the case ofRoger's Backhoe Service, Inc. v. Nicholsat the end of Chapter 8 of your eText and respond to the following questions regarding the case.Your Maximum point score for this Section is fifteen (15) points.

1.Did the Court find that an express or implied agreement existed between the parties?(3 Points)

Answer

The courts found that there existed and implied contract between Nichols and Roger's Backhoe Service.

2.Explain why the Court found that an implied agreement existed between the parties.(5 Points)

Answer

3.Identify the legal standard that the Court used to determine that such an agreement existed. (4 Points).

4.Explain whether the Court in thePlankenhorncase discussed in Section I might have properly considered that the Contract at issue there for the repair of Browneller's car was an Implied Contract and why?(3 Points)