Business law

(S&R) owns the trademark to the famous board game Scrabble. Mark Landsberg wrote a book on strategy for winning at Scrabble and contracted S&R to request permission to use the Scrabble trademark. In response, S&R requested a copy of Landsbergs manuscript, which he provided. After prolonged negotiations between the parties regarding the possibility of S&Rs publication of the manuscript broke off, S&R brought out its own Scrabble strategy book. No express contract was ever entered into between Landsberg and S&R. Landsberg sued S&R for damages for breach of an implied contract. Landsberg v. Selchow & Richter Company, 802 F.2d 1193, Web 1986 U.S. App. Lexis 32453 (United States Court of Appeals for the Ninth Circuit)

Question

There are three things that must happen to have an implied in fact contract. Did these things happen?