What is an implied contract under Texas law?

An implied contract under Texas law is indeed formed by the conduct of the parties rather than through explicit written or oral agreements. This concept arises when the behavior of the parties involved demonstrates a mutual intent to enter into a contract, regardless of whether there is a formalized wording.

In Texas, an implied contract can take two forms: implied-in-fact contracts, which arise from the actual circumstances of the parties' interactions, and implied-in-law contracts (or quasi-contracts), which are judicially created to prevent unjust enrichment when one party benefits at the expense of another.

For example, if a person goes to a restaurant and orders a meal, the conduct of ordering and serving implies a contract where the diner agrees to pay for the meal, even though no verbal or written agreement was specifically established. This illustrates how contractual obligations can emerge from actions and circumstances.

The other options do not accurately reflect the nature of an implied contract. An explicit contract stated in writing refers to a formal agreement, which is not implied. A contract not legally recognized in Texas suggests that implied contracts do not hold legal weight, which is incorrect as they are recognized and enforceable. Lastly, a contract that requires only verbal agreements again mischaracterizes implied contracts, which are based on