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an implied contract is a contract that is not writing but is lawful because of the actions of the parties and the circumstances there it the old saying comes to mind of the walks like a duck smells like a duck acts like a duck that it must be a duck acting as something can mean that you are that thing for example at a restaurant once a patron sits down and orders it is implied that he was she will eat and then they will pay for the food an implied contract and real estate is rare as most contracts and real estate are in writing