Implied-In-Fact Contract

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An implied-in-fact contract is one in which the terms are not expressly stated but can be implied from the party’s conduct

The contract expressed solely by the parties’ conduct is called an implied-in-fact contract.

Example:

Suppose that two or more people agree to deposit an equal amount of money into a joint banking account and use that joint account solely to purchase a vehicle with the intent that each party will hold joint title to the vehicle as registered owners.

Under these circumstances, the law can infer that their conduct alone established the creation of an implied contract-in-fact to share equally in the purchase of the vehicle, even if the parties did not expressly say so or agree to the arrangement in writing.

An implied-in-fact contract is as legally enforceable as a written contract. Consider having the dispute resolved in small claims court in relatively small disputes.

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