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A contract implied in fact is based on the parties' conduct and intentions, while a contract implied in law is imposed by the court to prevent unjust enrichment.

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7mo ago

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What is the difference between an implied-in-fact contract and an implied-in-law contract?

An implied-in-fact contract is formed based on the parties' conduct and circumstances, while an implied-in-law contract is not based on the parties' intentions but is imposed by the law to prevent unjust enrichment.


What is the difference between an implied an expressed contract?

An express contract is a contract in which the terms of the agreement are stated in words, (oral or written) while an implied-in-fact contract is a contract formed in whole or in part from the conduct of the parties.


What is the difference between quasi-contracts and implied-in-fact contracts?

A quasi-contract is not actually a contract but is instead a remedy. Also known as an implied-in-law contract, it is recognized in order to do justice under contract law, such as wherein the doctrine of promissory estoppel is applied.An implied-in-fact contract is a contract deemed to exist between parties whose conduct tacitly recognizes the existence of a contract between them.


What is the difference between implied terms in fact and implied terms in law in a contract?

Implied terms in fact are not expressly stated in the contract but are understood by both parties based on the circumstances. Implied terms in law are automatically included in certain types of contracts by law, regardless of what the parties may have intended.


What is the difference between an implied contract and an expressed contract?

An express contract is a contract in which the terms of the agreement are stated in words, (oral or written) while an implied-in-fact contract is a contract formed in whole or in part from the conduct of the parties.


What is the difference between express contract and implied contract?

An express contract is a contract in which the terms of the agreement are stated in words, (oral or written) while an implied-in-fact contract is a contract formed in whole or in part from the conduct of the parties.


Is an implied in fact contract an actual contract?

Yes, an implied contract is an actual contract.


What is the difference between a fact implied in law and a fact implied in fact?

A fact implied in law is a fact that is automatically assumed to be true based on legal principles, while a fact implied in fact is a fact that is inferred from the circumstances of a case.


What is the difference between something being implied in law versus being implied in fact?

In law, something is implied when it is assumed or understood based on legal principles or statutes. In fact, something is implied when it is inferred or understood based on the circumstances or evidence presented.


What is the difference between explicit and implied terms?

An Implied Condition is a condition that does not appear on the contract but are Implied. e.g Implied conditions imply that both the insured and insurer have good faith in the making of a contract, that the insured has insurable intrest in the subject matter of insurance, that subject matter of insurance is in place at the time the policy is affected.Express Conditions are those which are expressed or set forth in the policy.


Can an implied-in-fact contract be created by the conduct of unmarried individuals who live together?

Yes - it's possible.


How are express and implied-in-fact contracts similar?

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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