Final answer:
The primary difference between an implied contract and an express contract is that an implied contract's terms are not directly expressed but understood through actions or circumstances, while an express contract's terms are clearly communicated. Express contracts provide specificity that makes it easier to determine a breach, while implied contracts can lead to more ambiguity in enforcement.
Step-by-step explanation:
The difference between an implied contract and an express contract lies in how the terms of the contract are communicated. An express contract is one where the terms are clearly stated, either orally or in writing, leaving little to no room for interpretation. On the other hand, an implied contract is created by the actions or circumstances of the parties involved, indicating that there is an agreement even though the exact terms are not explicitly communicated or documented. For instance, when you dine at a restaurant, you enter into an implied contract where you are expected to pay for the meal that the restaurant provides.
In an express contract, it is easier to determine if a breach has occurred because the terms are clear and specific. In contrast, with an implied contract, it might be more challenging to resolve disputes due to the lack of clear, explicit terms. Thus, the effect of an implied contract can indeed differ from that of an express contract, especially regarding enforceability and the clarity with which each party's obligations are understood.