Tom enters a coffee shop in which he has an open account, fills a cup of coffee, holds it so the cashier can see it, acknowledges the cashier’s nod, and walks out with the coffee, knowing that he will be billed for it at the end of the month. tom has formed:

The correct answer is:  an implied-in-fact contract

Explanation:

An implied-in-fact contract means a non-verbal contact instead of using explicit words.  It is a meeting of minds.  It indicates that an agreement exists.  The actions indicate the attend of receive service or treatment  in exchange for paying reasonable fairs.  Likewise , in this case, the server's actions also indicates  to treat Tom  in exchange for it.

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