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Express and implied-in-fact contracts are similar in that both create binding obligations between parties, grounded in mutual agreement. An express contract clearly states the terms either orally or in writing, while an implied-in-fact contract is formed through the parties' actions and circumstances that suggest an agreement exists. In both cases, the intention to create a legal relationship is recognized, and they can be enforced in a court of law. Ultimately, both types revolve around the concept of mutual consent, albeit manifested differently.

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3w ago

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