A contract implied in fact consists of obligations arising from a mutual agreement expressed not through words but implied through actions. To support a contract implied in fact, facts and circumstances surrounding the actions must show a mutual intent to contract.
What is the difference between a written contract and an implied contract?
An implied contract has the same legal force as a written contract but may be harder to enforce. There are two forms of implied contract, called implied-in-fact and implied-in-law contracts. An implied-in-fact contract is created by the circumstances and behavior of the parties involved.
How do you support a contract implied in fact?
To support a contract implied in fact, facts and circumstances surrounding the actions must show a mutual intent to contract. Contracts of this sort are legally enforceable and are true contracts, meaning they can supersede or modify written contracts on the same topic.