Implied-in-Fact Contract – An implied-in-fact contract arises from the conduct of the parties, rather than from words. That is, the parties interact in a manner that constitutes a legally enforceable contract. This means that all of the elements of an enforceable contract can be inferred from the actions of the parties. For example, a California court stated (Guz v. Bechtel) that where there is no express agreement, the issue is whether other evidence points to a mutual understanding of employment terms (an implied contract, in other words). However, the court also found that an employee's mere passage of time in the employer's service, even where marked with positive evaluations, can't alone form an implied contract that the employee is no longer at-will. Absent other evidence of the employer's intent With an express agency in real estate, there must be an agreement of some kind. This agreement can be oral or in writing, and specifically states that the agent will represent the principal(s). An implied agency does not state what amount of commission an agent will receive for a sale, but an express agency will.