Which of the following elements must be established to create an implied-in-fact contract?
A)The plaintiff provided property or services to the defendant gratuitously.
B)The defendant accepted the plaintiff's property or services as payment for an illegal activity.
C)The plaintiff made the defendant sign the contract and then changed its terms,identifying the new terms as "retroactively implied."
D)The defendant was given an opportunity to reject the plaintiff's property or services but failed to do so.

Question

Quizplus · Accepted Answer

An implied-in-fact contract arises from the conduct of the parties rather than from express words. The defendant's conduct must indicate that they accepted the plaintiff's property or services and intended to be bound by an agreement. If the defendant had the opportunity to reject the property or services but failed to do so, it can be inferred that they accepted the offer of an implied contract. Options A, B, and C are not relevant to the establishment of an implied-in-fact contract.

Which of the Following Elements Must Be Established to Create