An implied-in-fact contract is an agreement between parties that is established through their actions and circumstances, rather than through explicit verbal or written communication. This type of contract arises when one party accepts a benefit in a situation where they could have chosen to decline it. Essentially, the agreement is inferred from the conduct of the parties involved.
Implied-in-fact contracts are commonly recognized in various areas of law, including civil law and contract law. They are often used in situations where formal agreements are not feasible, yet the parties have a mutual understanding based on their behavior. Users can manage such agreements using legal templates available through services like US Legal Forms, which provide resources to help create enforceable contracts.
Here are a couple of examples of abatement:
Here are a couple of examples of implied-in-fact contracts:
Examples of state differences (not exhaustive):
| State | Notes |
|---|---|
| California | Implied-in-fact contracts are recognized and can be enforced based on the conduct of the parties. |
| New York | Similar recognition as California, with specific case law supporting the enforcement of these contracts. |
| Texas | Implied-in-fact contracts are enforceable, provided there is clear evidence of acceptance and benefit. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Express Contract | A contract where the terms are stated clearly, either orally or in writing. | Unlike implied-in-fact contracts, express contracts have explicit terms agreed upon by the parties. |
| Quasi-Contract | A legal construct to prevent unjust enrichment, not based on an agreement. | Quasi-contracts are imposed by law, while implied-in-fact contracts arise from the parties' conduct. |
If you believe an implied-in-fact contract applies to your situation, consider the following steps:
Browse our library of 85,000+ state-specific legal templates.
An implied-in-fact contract is an agreement inferred from the actions and circumstances of the parties involved, rather than from explicit words.