Implied-in-fact contract

An implied-in-fact contract (A.K.A. "implied contract") is a contract agreed by non-verbal conduct, rather than by explicit words. As defined by the United States Supreme Court, it is "an agreement 'implied in fact'" as "founded upon a meeting of minds, which, although not embodied in an express contract, is inferred, as a fact, from conduct of the parties showing, in the light of the surrounding circumstances, their tacit understanding."

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

Generally, an implied contract has the same legal force as an express contract. However, it may be more difficult to prove the existence and terms of an implied contract should a dispute arise. In some jurisdictions, contracts involving real estate may not be created on an implied-in-fact basis.

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