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Contracts/Implication-in-fact

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< Contracts
Revision as of 03:28, September 12, 2006 by en>Lagringa (total rewrite)

An implied-in-fact contract (also, ‘’’contract implied-in-fact’’’ or simply, ‘’’implied contract) refers to a contract that exists by virtue of non-verbal conduct, rather than by explicit words. An implied contract has the same legal force as an express contract, though it may be more difficult to prove the existence and terms of an implied contract should a dispute arise. Generally an implied-in-fact contract is formed when one accepts something of value knowing that the other party expects compensation. For example, by going to a doctor for a physical, a patient agrees that he will pay a fair price for the service. If he refuses to pay after being examined, he has breached a contract implied in fact.