There are two forms of tacit agreements that are referred to as tacit and unspoken contracts. A tacit contract is created by the circumstances and behaviour of the parties involved. When a customer enters a restaurant and. B order food, a tacit contract is established. The restaurateur is required to serve the food and the customer is required to pay the prices listed on the menu. A tacit agreement is indeed based “on a meeting of spirits which, although not enshrined in an explicit treaty, is inferred as a fact of the behaviour of the parties who, in the light of the circumstances of the mind, show tacit understanding.” Baltimore – Ohio R. Co. v. United States, 261 U.S. 592, 597, 43 S.C. 425, 426-427, 67 L.Ed.
816 (1923). See also Russell v. United States, 182 U.S. 516, 530, 21 S.C. 899, 904, 45 L.Ed. 1210 (1901) ([T]o giving the Court of Claims Jurisdiction the application must be based on an agreement between the parties – `a meeting of minds`). On the other hand, an agreement implied by law is a “fiction of law” that “implies a promise to fulfill a legal obligation to repay funds obtained as a result of fraud or coercion.” Baltimore – Ohio R. Co., supra, at 597, 43 S.C., at 426. As a general rule, an unspoken contract has the same legal force as an explicit contract. However, in the event of a dispute, it may be more difficult to prove the existence and terms of a tacit contract.
In some legal systems, contracts for real estate cannot be established on an implicit and effective basis, so the transaction must be made in writing. It consists of commitments arising from mutual agreement and the intention to promise if the agreement and promise were not expressed in words. Such contracts are implicit and may result from the conduct of the parties because of facts and circumstances that demonstrate mutual contractual intent. A contract that involves is a real contract. To establish the existence of a tacit contract, it is necessary to show a clear offer, clear acceptance, mutual intention to be bound and reflection. However, these elements can be established by the behaviour of the parties and not by explicit written or oral agreements. In law, the “agreement” and the “contract” are the same. In other words, these terms are used interchangeably. Therefore, the tacit agreement is in fact the same as a contract that is actually implied, and an agreement, which is legally implied, is the same as a contract that is legally implied. What is the difference between an implicit agreement and an implied agreement? An unspoken contract is a form of tacit contract that is done by non-verbal and not by explicit words. The U.S. Supreme Court defined it as “an agreement that is effectively implied” as “based on an assembly of spirits that, although not enshrined in an explicit treaty, is derived from the conduct of the parties who, in the light of the circumstances, demonstrate tacit understanding.”  A tacit contract is a legally binding obligation arising from the acts, behaviours or circumstances of one or more parties in an agreement.
It has the same legal force as an explicit contract, that is, a contract entered into and agreed upon by two or more parties, voluntarily or in writing.