Implied Contract. [2] Plaintiff next contends that there was sufficient evidence that plaintiff and MAO entered into an enforceable contract implied in fact. “‘A “contract implied in fact,”. . . arises where the intention of the parties is not expressed, but an agreement in fact, creating an obligation is implied or presumed from their acts[.]’” Xxxxxx x. Xxxxxxx, 300 N.C. 204, 217, 266 S.E.2d 593, 602 (1980) (citation omitted). With regard to contracts implied in fact, however, “one looks not to some express agreement, but to the actions of the parties showing an implied offer and acceptance.” Id. at 218, 266 S.E.2d at 602. On appeal, plaintiff points to testimony regarding actions taken by MAO in preparation for the national finals as evidence of a contract implied in fact. The evidence showed that in preparation for the Miss America Pageant, MAO sent crews to compile an up-close and personal video of each contestant and further took pictures of each contestant for booklets to be published. However, the testimony further showed that MAO took such actions in preparing other contestants for the national finals, but never took any action in regard to the preparation of plaintiff. In fact there is no evidence at all of any actions which would constitute an implied offer from MAO, and therefore this assignment of error is overruled.
Implied Contract. Implied contracts are formed on the basis of implied promises on the part of parties. When the proposal or acceptance is made otherwise than in words, the contract formed is called implied contract. Thus in implied contract, making an offer and giving acceptance to it is manifested by the act on the part of party. For example, X gets into a public bus, and then he enters into an implied contract with the authorities of the bus that he wishes to travel in the bus.
