IMPLIED CONTRACT

A contract which is not expressly stated but, given the actions of the parties, it is clear that one should have existed. Examples include an implied in fact contract where the parties acted as if they had assumed that a contract did exist; an implied in law contract where unjust enrichment would apply if a contract was not enforced, e.g. one party agrees to paint the home of another with some ambiguities as to terms and while the party painting the home performs, the party responsible for payment does not object. It is clear a contract should be implied as valid otherwise the home owner would be unjustly enriched by the opposite conclusion.