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LSDefine

Simple English definitions for legal terms

implied contract

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A quick definition of implied contract:

An implied contract is a type of legally enforceable promise that can be made in two ways. An express contract is when the promise is communicated orally or in writing, while an implied contract is when the promise is assumed to exist based on the conduct of the parties involved. There are two types of implied contracts: implied-in-fact contracts and implied-in-law contracts. An implied-in-fact contract is formed when parties' promises are inferred from their intentional conduct, while an implied-in-law contract is a legal obligation to compensate the other party when one party has been unjustly enriched.

A more thorough explanation:

An implied contract is a legally enforceable promise that is not explicitly stated but is inferred from the conduct of the parties involved. There are two types of implied contracts: implied-in-fact contracts and implied-in-law contracts.

An implied-in-fact contract is formed when the parties' promises are inferred from their intentional conduct. For example, if you go to a barbershop and receive a haircut, you are expected to pay for the service. Even if there is no explicit agreement, the conduct of the parties implies that there is an agreement to pay for the service.

An implied-in-law contract, also known as a quasi contract, is a legal obligation imposed on an unjustly enriched party to compensate the other party. This type of contract is not based on an explicit agreement but is instead based on the principle of fairness. For example, if you rescue someone in an emergency and they are unable to pay you for your services, you may be able to claim compensation under an implied-in-law contract.

Overall, an implied contract is a legally binding agreement that is inferred from the conduct of the parties involved. It can be enforced even if there is no explicit agreement, as long as the conduct of the parties implies that there is an agreement.

implied consent | implied covenant of good faith and fair dealing

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