Contracts are divided into express contracts and implied contracts, to which list may be added quasi or constructive contracts.

An express contract is one which is contained in an agreement entered into, either orally or in writing, between the parties.

Implied contracts arise, when the parties have made no express agreement, but where their actions are such as to lead to the conclusion that it was their intention to enter into a contract relative to the particular subject matter.16

1111 See Chapter II (Classes Of Agents. Section 5. Classification Of Agents).

12 See Chapter III (Making The Contract. Section 14. Offer And Acceptance).

13 See Chapter VI (Execution Of The Agency. Section 39. Genreal Rule).

14 See Chapter V (Consideration. Section 30. Definition). 15 See Chapter IV (The Statute Of Frauds. Section 20. The Statute And Its Purpose).

16 "An implied contract, in the proper sense, is where the intention of the parties is not expressed but an agreement in fact, creating an obligation, is implied or presumed from their acts, as in the case where a person performs services for another, who accepts the same, the services not being performed under such circumstances as to show that they were intended to be gratuitous, or where a person performs services for another on request." 9 Cyc, 242.

An express contract and an implied contract cannot arise out of the same transaction. For example, if a party instead of relying on the implied promise which the law would raise, takes a bond, his remedy is solely on the bond and he cannot sue in assumpsit.17 In Walker vs. Brown,18 the Supreme Court of Illinois said on this point: "As in physics, two solid bodies cannot occupy the same space at the same time, so in law and in common sense, there cannot be an express and an implied contract for the same thing, existing at the same time. This is an axiomatic truth. It is only when parties do not expressly agree, that the law interposes and raises a promise.,,

Quasi or constructive contracts are those created by law, without the consent of the party bound, in order to do justice between the parties. Actions on judgments, for money received by one person which should have been received by another, or to recover money paid in cases where another person is primarily liable, are illustrations of quasi contracts. This class of contracts is sometimes included under the head of implied contracts. Such a classification is, however, clearly erroneous. Quasi contracts are, in reality, not contracts at all, but merely claims arising independently of agreement, which, as a matter of convenience, the holder is allowed to recover under an action ex contractu. Quasi contracts differ so greatly from either express or implied contracts that any further consideration thereof will be postponed to the last chapter under this subject.

The old classification of contracts, as real, formal and consensual have already been noticed under Legal History.

17 Touissant vs. Martinnant, 2 Term Reports, 104. The action of assumpsit is considered under the subjects of Legal History and Common Law Pleading. 18 28 I11., 378,383.