Assuming that no interview, document or number of events highlight the terms of an explicit agreement. You cannot recognize an explicit agreement in commerce (see the different types of explicit contracts above: oral / written / partially oral, partly in writing). When one party is driven on the way to the garden and the other party does not adopt the agreements reached by its behavior, the situation is ripe for a tacit agreement. An explicit agreement can only relieve the defendant of any liability for negligence if the applicant understands his conditions. . . .