Today, I negotiated a new contract as a means of settling a dispute over the breach of an implied term in another contract. The entire event was decidedly uninteresting until it occurred to me to put the matter in a contractual light. So, here's what happened (with analysis):
On account of the temperature being below freezing and my now having a parking permit for the garage across from the law school, I decided to drive to class today. Running late and having decided to drive to class, I forewent breakfast at home and decided to take advantage of the McDonald's drive-through three blocks from where I live. Pulling into the drive-through, I spoke to the ordering box and requested a Number 4 with a medium orange juice (I entered into a contract with the McDonald's to exchange $3.85 for a Sausage Biscuit with Egg, a Hash Brown and a Medium Orange Juice). Pulling up to the window, I handed the attendant $4.00, received $0.15 in change and proceeded to wait for my food (I fulfilled my contractual duties). After a few minutes had passed, my food had not yet arrived (McDonald's breached an implicit term of the contract, specifically the implicit duty to provide my food in an expedient manner, as would be expected by both parties to the contract). At this point, the drive-through attendant offered me two apple pies if I would pull to the side and wait a minute or so for my food (McDonald's put forth an offer to contract with me to release them of the obligations imposed by the breach of the implicit expedience term in exchange for their providing me with two apple pies). I accepted the offer of apple pies and pulled over to wait (I accepted the terms of the newly offered contract, waiving McDonald's responsibilities imposed by the breach of the first contract). I was finally provided with my food and two apple pies (McDonald's fulfilled their contractual duties under the combined terms of the two contracts).
You might not notice it, but there are contracts all over the place, all the time.