Yes, there is a contract, it is an implied valid contract because there is a thoughtful offer of
exchange and acceptance. An agreement between the two parties is implied by the act of waving
by Ed. The facts consequently propose a valid contract among the two parties. This case may
signify the implied-in-fact contract. The act of waving can also be an act to enter into agreement.
The act might also have been to comply the payment of the candy. Surely, Ed by waving has
engaged Fran into confidence that the candy has been sold to him. The implementation of the
contract is, though limited but still a valid contract, with Ed delaying the payment for candy. The
contract is legal and enforceable and has no fundamentals of being void or voidable
An agreement itself should have an offer and acceptance, meaning there should be valid
acceptance of an offer. Next the parties should settle on the same thing, in the same sense at the
same time. Then there should be free consensus of parties that is acceptance and is not obtained
