Which type of contract can be formed verbally or through conduct rather than in writing?

An implied contract is formed through the actions, conduct, or circumstances of the parties involved, rather than through a verbal or written agreement. This type of contract is based on the assumption that parties intend to enter into an agreement, even if there is no explicit communication of terms. For instance, when you go to a restaurant and order food, there is an implied contract that you will pay for the meal once it is served, even though you didn't sign a document to that effect.

In contrast, an express contract explicitly states the terms and conditions of the agreement, which can be communicated either verbally or in writing, but it requires that clear terms are set forth. A written contract refers specifically to agreements that are documented in a written format and typically signed by the parties. Lastly, an executed contract signifies that all terms have been fulfilled by the parties, while it does not pertain to the method of formation, whether verbal or written. Thus, the distinction of an implied contract lies in its formation through behavior or circumstances rather than through explicit terms communicated verbally or in writing.