copyright contract-law common-law
Can court enforce an implied contract?
<p>We developed a demo for a client, who after the last meeting went silent and elusive claiming to be busy at our every request. After a year he launched the new website which was a copy and paste of our demo shared via link on our server and claimed the website was done internally. In using our work they implicitly accepted our offer but we hadn't discussed pay as they went silent.</p>

<p>It is obvious they had changed their minds on continuing discussions on pricing terms (which were next on the table since we had exceedingly and satisfactorily completed all they had asked for the project) because they intended to fraudulently copy and use our source-code free of charge. So in light of this intentional frustration, can court enforce this contract in law? bearing in mind that contract law and related legal fields are intended to provide for the orderly transfer of rights from one person or organization to another.</p>

<p>Yes, a court can enforce an implied contract, as established in <em><a href="https://en.wikipedia.org/wiki/Baltimore_%26_Ohio_Railroad_Co._v._United_States" rel="nofollow">Baltimore &amp; Ohio Railroad Co. v. United States</a></em>.</p>

<p>In cases in which a tortfeasor has taken something without paying there are various common-law "property torts" under which one can sue for damages and compensation.</p>

<p>And in cases in which intellectual property (both design and source code) have been taken without license one can claim damages under copyright law.</p>
