contract implied in fact
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 276 U.S. 287 - Goodyear Tire & Rubber Co. v. United States · 1928Most cited · 142 citing opinions
the right here invoked to sue the United States under the Tucker Act on a claim founded on contract must rest upon the existence of a contract express or implied in fact, no right of action being given by the Act in cases where, if the transaction were between private parties, recovery could be had upon a contract implied in law
How the Supreme Court has restated “contract implied in fact”
Each Supreme Court definition of “contract implied in fact,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “contract implied in fact”
Court decisions citing the 3 opinions that defined “contract implied in fact” — 443 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 3 definitions, chronological · 1926–1931
- ORIGINAL
An implied contract in order to give the Court of Claims or a district court under the Tucker Act jurisdiction to give judgment against the government must be one implied in fact and not one based merely on equitable considerations and implied in law
The contract to be recovered upon under section 145, Jud. Code, must be an actual one, and, if implied, must be implied in fact, not merely implied by fiction, or as it is said, by law