Implying An Agreement: New York's Implied‑in‑Fact Contract Doctrine in Theory and Practice -
jdsupra.com
When a handshake never happens but behavior speaks volumes, New York courts must decide if conduct alone can birth a binding contract — and the answer reveals how law wrestles with the theory of implied consent.
Implied Contract TheoryMutual AssentObjective Theory of ContractsSocial Contract Theory
Theory Briefing
- New York's implied-in-fact doctrine treats consistent conduct between parties as legally binding agreement, even without a signed contract.
- Courts demand objective evidence of mutual assent, meaning one party's secret intent is irrelevant — only outward behavior counts.
- The gap between theory and courtroom practice exposes how Social Contract theory collides with the messy reality of human interaction.