The difference between an express contract and an implied in fact contract is the manner in which assent is manifested.

Question

Quizplus · Accepted Answer

An express contract is one where the parties explicitly state the terms and conditions of the contract, including their agreement to be bound by those terms. In contrast, an implied in fact contract is formed based on the conduct of the parties, rather than their explicit agreement. However, in both types of contracts, there is still a manifestation of assent, whether it is explicit or implied.

The Difference Between an Express Contract and an Implied in Fact