Implied in Fact Contract Definition Legal

An implied in fact contract is a type of contract that is created by the actions and conduct of the parties involved. This type of contract is not based on written or oral form, but rather it is inferred from the parties` behavior and actions.

In a legal context, an implied in fact contract is a legally binding agreement that is considered enforceable in court. This type of contract is different from an express contract, which is an agreement that has been explicitly stated in writing or verbally.

An implied in fact contract can arise in a variety of situations. For example, if you go to a hair salon and request a haircut, there is an implied in fact contract between you and the hairdresser. You expect that the hairdresser will provide a service in exchange for payment. Similarly, if you hire someone to do work on your home, there is an implied in fact contract between you and the contractor. You expect that the contractor will perform the work in a professional manner and use quality materials.

In order for an implied in fact contract to be legally binding, certain elements must be present. These elements include:

1. Mutual intent: Both parties must have a mutual understanding that they are entering into a contract.

2. Offer and acceptance: There must be an offer made by one party and an acceptance of that offer by the other party.

3. Consideration: Both parties must agree to exchange something of value, such as money or services.

4. Performance: Both parties must perform their obligations under the contract.

5. Legality: The contract must be legal and not violate any laws.

It is important to note that an implied in fact contract can be difficult to prove in court, as it is based on the parties` behavior and actions rather than written or verbal statements. However, if a court determines that the elements of an implied in fact contract are present, it can be legally binding and enforceable.

In conclusion, an implied in fact contract is a legally binding agreement that is inferred from the actions and conduct of the parties involved. It is important to understand the elements of an implied in fact contract and how it differs from an express contract. If you believe that you have entered into an implied in fact contract and need to enforce it, it is recommended to seek legal advice from a qualified attorney.