There are many instances in which two parties enter a verbal agreement to perform a service in exchange for compensation.  When one party performs and the other refuses to pay, the absence of a written contract does not preclude a remedy. While there is no substitute for a written contract between parties, Mississippi law can provide an equitable remedy through an “implied contract” theory.

To establish an implied contract one must show that there was an unambiguous offer, unambiguous acceptance, a mutual intent to be bound by the terms, and consideration.  These elements may be established by the conduct of the parties rather than through express written or oral agreements.   For instance, if you entered an agreement with someone to paint their house, you would need to present evidence of the discussion between the parties and that you actually performed the agreed upon service.  The courts will gauge the testimony of the parties for credibility.  Much weight is given to the fact that the service was rendered.  As most individuals do not perform a service without some expectation of being compensated.

But again the preferred agreement should be writing.    

“a contract implied in law created by the actions of the parties and for which no terms had been written”.  HeartSouth, PLLC v. Boyd, 865 So.2d 1095 (Miss. 2003).  It is well established that contracts implied in law are recognized in Mississippi.  However, in order for a contract to be binding, there must be a meeting of the minds of the contracting parties. Brooks v. Brooks, 145 Miss. 845, 111 So. 376, 376-77 (1927).