An implied-in-fact contract is a legal agreement that is formed by the actions or conduct of the parties involved, even though there may not be any written or verbal agreement. In other words, the actions of the parties are enough to create a legally binding contract.

The concept of an implied-in-fact contract is based on the idea that parties can enter into an agreement without necessarily stating the terms and conditions of that agreement. Instead, the parties may act in a certain way that indicates that they have come to an agreement, and these actions are enough to create a contract.

For example, imagine that you hire a contractor to renovate your home. You do not sign a written contract, but the contractor begins work on your home and you pay him for his services as he goes along. Even though there is no written agreement, the actions of both parties indicate that they have come to an agreement. In this case, an implied-in-fact contract has been formed by conduct.

Another example could be a situation where someone provides services to another person on a regular basis, and both parties understand that payment will be made for these services. Even though there is no written or verbal agreement, the actions of the parties create a legally binding contract.

It is important to note that an implied-in-fact contract is not the same as an implied-in-law contract, which is also known as a quasi-contract. An implied-in-law contract is a legal fiction that is created by a court in order to provide restitution when one party has been unjustly enriched by the actions of another party.

In order for an implied-in-fact contract to be enforceable, certain elements must be present. These include mutual agreement, consideration, and intent to be bound. The parties must have a meeting of the minds and must intend to create a legally binding agreement.

In conclusion, an implied-in-fact contract can be formed by the conduct of the parties involved, even in the absence of a written or verbal agreement. This type of contract is based on the actions of the parties and is enforceable in court under certain conditions. It is important to understand the elements that must be present for an implied-in-fact contract to be enforceable in order to avoid any disputes down the line.