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cross reference numbers
burden of proof req.
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Contract - Express or Implied
1995- Contracts
C - 50.08
A contract may be express, implied-in-fact, or implied-in-law.

An express contract is one in which the terms are stated orally or in writing. An implied-in-fact contract is one in which its existence and terms are manifested by conduct.

The distinction between an express and an implied-in-fact contract relates only to the manner in which the agreement is shown. Both are based on the express or apparent intention of the parties.

[An implied-in-law or quasi-contract is an obligation imposed by law to do justice even though it is clear that no promise was ever made or intended. The essence of an implied- in-law contract is the receipt of a benefit which would be inequitable to retain without paying for it.]
 
NDCC 9-06-01
Johnson v. In re Estate of Zent, 459 NW2d 795 (ND 1990)

BAJI 10.56