Confusion in Concepts: Implied & Implied-in-Fact Contracts
jurisprudence general beginner doubtYaar samajh nahi aaya! I'm trying to understand the difference between implied contract and implied-in-fact contract, but it's all a jumble in my head. According to Section 42 of the Indian Contract Act, an implied contract is formed when a person has voluntarily accepted the benefit of a transaction and it would be unjust for them to retain that benefit without compensating the other party. But then comes the concept of implied-in-fact contract, where the court implies an agreement based on the conduct of the parties. Please help, kya difference hai? I know it's a subtle distinction, but I just can't seem to get it right. Can someone explain it with some examples or maybe even cite a judgment that clarifies this?
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Sir ji, aapke point par sawal hai. Implied contract aur Implied-in-Fact contract dono hi contract hain, lekin difference itni hai. Implied contract woh contract hai jisme shabd nahi ho, lekin intention hota hai. Implied-in-Fact contract woh contract hai jisme shabd nahi ho, lekin baat karne se pata chalta hai. Jaise ki, aapke roommate ke saath agreement hai ki unka room rent 8,000 rupaye per month hai.