The correct answer is: B. Based on creation.
An express contract is a contract that is created by the parties’ words, either orally or in writing. An implied contract is a contract that is created by the parties’ actions, rather than their words.
Both express and implied contracts can be either executory or executed. An executory contract is a contract in which both parties have yet
to fulfill their obligations. An executed contract is a contract in which both parties have fulfilled their obligations.Therefore, express and implied contracts fall into the category of contracts based on creation.
Here is a brief explanation of each option:
- A. Based on execution: This option is incorrect because express and implied contracts can be either executory or executed.
- B. Based on creation: This option is correct because express and implied contracts are created in different ways.
- C. Based on enforceability: This option is incorrect because express and implied contracts can both be enforceable.
- D. Based on executory contracts: This option is incorrect because express and implied contracts can both be executory or executed.