We have previously recognized two types of implied contracts: contracts implied in fact and contracts implied in law. See Paschall’s, Inc. v. Dozier, 219 Tenn. 45, 407 S.W.2d 150, 153-54 (1966). Contracts implied in fact arise under circumstances establishing the parties’ mutual intention to contract. Id. at 154 (citation omitted). Contracts implied in law or quasi contracts are created by law without the parties’ assent and are based upon reason and justice. Id. (citation omitted); Angus v. City of Jackson, 968 S.W.2d 804, 808 (Tenn.Ct.App.1997). Courts may impose a contract implied in law where no *525 contract exists under various quasi contractual theories, including unjust enrichment. Whitehaven Cmty. Baptist Church v. Holloway, 973 S.W.2d 592, 596 (Tenn.1998).
Freeman Industries, LLC v. Eastman Chemical Co. 172 S.W.3d 512, 524 -525 (Tenn.,2005)
In Tennessee, each party to a contract bears a duty of good faith and fair dealing in its performance and enforcement of the contract . See Davidson & Jones Development Co. v. Elmore Development Co., 921 F.3d 1343, 1350 (6th Cir.1991)(citing TSC Industries, Inc. v. Tomlin, 743 S.W.2d 169, 173 (Tenn.Ct.App.1987); Covington v. Robinson, 723 S.W.2d 643 (Tenn.Ct.App.1986)).
