Implied-in-fact contract
The examples and perspective in this article may not represent a worldwide view of the subject. (July 2012) |
Contract law |
---|
Formation |
Defences |
Interpretation |
Dispute resolution |
Rights of third parties |
Breach of contract |
Remedies |
Quasi-contractual obligations |
|
Duties of parties |
|
Related areas of law |
By jurisdiction |
Other law areas |
|
Notes |
|
An implied-in-fact contract is a form of an implied
Although the parties may not have exchanged words of agreement, their conduct may indicate that an agreement existed.
For example, if a patient goes to a doctor's appointment, the patient's actions indicate that they intend to receive treatment in exchange for paying reasonable/fair doctor's fees. Likewise, by seeing the patient, the doctor's actions indicate that they intend to treat the patient in exchange for payment of the bill. Therefore, it seems that a contract actually existed between the doctor and the patient, even though nobody spoke any words of agreement. (They both agreed to the same essential terms, and acted in accordance with that agreement. There was mutuality of
Generally, an implied contract has the same legal force as an
Potential conduct implying implied contract
- A prior history of similar agreements.
- When recipient accepts something of value knowing other party expects payment.
See also
- Implied in law contract
- Statute of frauds
References