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Animplied-in-fact contract is a form of an impliedcontract formed by non-verbal conduct, rather than by explicit words. TheUnited States Supreme Court has defined "an agreement 'implied in fact'" as "founded upon a meeting of minds, which, although not embodied in an express contract, isinferred, as a fact, from conduct of the parties showing, in the light of the surrounding circumstances, their tacit understanding."^[1]

Although the parties may not have exchanged words of agreement, their conduct may indicate that an agreement existed.

For example, if a patient goes to a doctor's appointment, the patient's actions indicate that they intend to receive treatment in exchange for paying reasonable/fair doctor's fees. Likewise, by seeing the patient, the doctor's actions indicate that they intend to treat the patient in exchange for payment of the bill. Therefore, it seems that a contract actually existed between the doctor and the patient, even though nobody spoke any words of agreement. (They both agreed to the same essential terms, and acted in accordance with that agreement. There was mutuality ofconsideration.) In such a case, the court will probably find that (as amatter of fact) the parties had an implied contract. If the patient refuses to pay after being examined, they will havebreached the implied contract. Another example of an implied contract is the payment method known as aletter of credit.

Generally, an implied contract has the same legal force as anexpress contract. However, it may be more difficult to prove the existence and terms of an implied contract should a dispute arise. In somejurisdictions, contracts involvingreal estate may not be created on an implied-in-fact basis, requiring the transaction to be in writing.

Unilateral contracts are often the subject matter of these types of contracts where acceptance is being made by beginning a specified task.

• A prior history of similar agreements.
• When recipient accepts something of value knowing other party expects payment.

• Implied in law contract
• Statute of frauds

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