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What Is a Breach of an Implied-In-Fact Contract?

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Implied-in-fact contracts occur in different ways all the time. An implied contract can occur when a legal obligation exists as a result of:

  • Words,
  • Actions, or
  • Circumstances.

When an implied contract is breached, there can be serious consequences for the breaching party. Read on to learn more about a breach of an implied-in-fact contract.

Implied-In-Fact Contract

An implied-in-fact contract (as opposed to an implied-in-law contract) is based on the specific circumstance and the obligations agreed upon between you and another party. It can also occur when someone verbally agrees to uphold an obligation to accomplish a particular task, and they assure you the task will be completed.

Contracts can be produced as a result of the parties’ conduct, without having to speak or write any words. The contracts initiated by conduct are equally as valid as contracts developed using words.

An implied-in-fact contract may also be referred to as a true contract.

When A Breach of an Implied-In-Fact Contract Occurs

A breach of an implied-in-fact contract can occur when someone makes a promise to you, either verbally or as the result of particular conduct or circumstances, that they will fulfill a particular task and then fails to do so.

If both parties are aware or have a viable reason to be aware, that the other party will decipher some particular conduct as a contractual agreement, then that conduct will produce a contract.

An Example of an Implied-In-Fact Contract

Consider the following example of an implied-in-fact contract: You are a hairstylist and a new customer drops in and asks if you have time for a quick trim. After cutting his hair according to his wishes, you tell him he owes $50. The customer claims he doesn’t owe you anything because you never specifically stated any contractual obligations. In this case, the law would be on your side because you had an implied-in-fact contract to cut the customer’s hair in exchange for compensation.

We Can Help

A breach of contract is never acceptable. If you’ve been a victim of a breach of contract, we may be able to help you recover the compensation you deserve for your losses. Don’t hesitate to reach out right away to learn more about how we can help.

If you have been negatively impacted by a breach of an implied contract, call our Los Angeles attorneys at (866) 634-4525 or contact us online. We will fight to recover your full and fair compensation.