An agreement that is based on both parties' prior actions,such as payment on a given date,would be considered an implied-in-fact contract.

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An implied-in-fact contract is essentially a contract that is formed based on the parties' conduct rather than a written or spoken agreement. In this case, if both parties have consistently acted in a certain way (such as one party making a payment on a certain date and the other party accepting it without objection), this can be interpreted as an implied agreement or contract between them.

An Agreement That Is Based on Both Parties' Prior Actions,such