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Implied Contracts and Business Ethics

            Issue: What does the doctrine of implied-in-fact contract provide?.
             The doctrine of implied-in-fact contract provides that a contract exists from the conduct of the parties to an agreement. If the following conditions are met: (1) if a plaintiff provided property or services were provided to a defendant, (2) if the plaintiff was to be paid for the services or property by the defendant and the property or services were not provided gratuitously, and (3) the defendant was given an opportunity to reject the services or property that were offered and did not do so. .
             Ethics: Wrench LLC v. Taco Bell Corporation.
             Did Taco Bell act ethically in this case?.
             In my opinion, Taco Bell did not act ethically, due to the fact that they were presented with a product by Wrench LLC in good faith in hopes that Taco Bell would compensate them for the idea of being allowed to use the image that Wrench had developed, Psycho Chihuahua. The fact that Taco Bell took the idea as presented to them and then hired an outside agency to develop the Chihuahua character to use in their ads requires Taco Bell to in some form compensate Wrench for the use of their intellectual property even if the actual ad deviates from what was presented by Wrench in the initial meetings that they had with Taco Bell. .
             Did Chiat/Day act ethically in this case?.
             Probably not, since the initial development of the Chihuahua character was Wrenchs in the first place. Even though Chiat/Day made the dog model a female instead of a male doesnt excuse them from not paying Wrench for the use of their licensed property. That would be like taking the logo that Coca-Cola uses to market its products and making it say Caffeine-a-Cola instead of Coca-Cola and using a darker shade of red. Still looks like the original product even though there are subtle differences in the name and color scheme.
             What is the purpose of recognizing implied-in-fact contracts? .


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