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4.3-2  Contract Implied by Conduct (Implied-in-Fact)

Revised to January 1, 2008

The plaintiff claims that the defendant breached a contract implied by conduct.  Even if there was no oral or written contract expressed in words, there still could be a contract based on conduct if the plaintiff establishes that the plaintiff and the defendant agreed, by actions or conduct, to <insert alleged terms of contract>.  To determine whether this contract exists, you must consider only whether the conduct and acts of the parties show an agreement to <insert alleged terms of contract>.  If, based upon the acts and conduct of the parties, you determine that the defendant agreed to <insert alleged terms of contract>, and that the defendant breached that agreement, the plaintiff may recover.


Janusauskas v. Fichman, 264 Conn. 796, 804-805 (2003); Bershtein, Bershtein & Bershtein v. Nemeth, 221 Conn. 236, 241-42 (1992); Coelho v. Posi-Seal International, Inc., 208 Conn. 106, 111-12 (1988); Brighenti v. New Britain Shirt Corp., 167 Conn. 403, 406-407 (1974); Corriveau v. Jenkins Bros., 144 Conn. 383, 387 (1957).


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