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There is an '''implied in fact contract''' when the circumstances of the case and the circumstances surrounding the fact indicate than an agreement have been reached. This implied in fact contract is inferred by the court from the conduct of the parties.
An '''implied in fact contract''' occurs when the circumstances of a case and the circumstances surrounding the fact indicate that an [[agreement]] have been reached. This implied in fact [[contract]] is inferred by the court from the conduct of the parties.


Landsberg v. S&R – In the Landsberg case, Landsberg wrote a book about strategy for [[Scrabble]]. He approached the makers of Scrabble to use the trademark, they asked him to read the book, then stole it. There was no express offer, acceptance, and consideration. Landsberg sued and the court found that there was an implied contract.
In the case Landsberg vs. [[Selchow and Righter]], Landsberg wrote a book about strategy for [[Scrabble]]. He approached the makers of Scrabble to use the trademark, they asked him to read the book, then stole it. There was no express offer, acceptance, and consideration. Landsberg [[lawsuit|sued]] and the court found that there was an implied contract.


An Implied in Fact Contract for the payment of receiving a valuable idea is found when the recipient receives the information and uses it without paying for it even though he knows that compensation should be received for it.
An implied in fact contract for the payment of receiving a valuable idea is found when the recipient receives the information and uses it without paying for it even though he knows that compensation should be received for it.


[[Category:Contract law]]
[[Category:Contract law]]

Revision as of 23:03, July 24, 2006

Template:Context Template:Mergeto

An implied in fact contract occurs when the circumstances of a case and the circumstances surrounding the fact indicate that an agreement have been reached. This implied in fact contract is inferred by the court from the conduct of the parties.

In the case Landsberg vs. Selchow and Righter, Landsberg wrote a book about strategy for Scrabble. He approached the makers of Scrabble to use the trademark, they asked him to read the book, then stole it. There was no express offer, acceptance, and consideration. Landsberg sued and the court found that there was an implied contract.

An implied in fact contract for the payment of receiving a valuable idea is found when the recipient receives the information and uses it without paying for it even though he knows that compensation should be received for it.