An implied promise occurs when someone is expected to do something without explicitly stating it. For example, when you visit a restaurant, you anticipate the waiter bringing you your food, even though they never explicitly promised to do so. The legal system acknowledges implied promises to prevent individuals from deceiving or exploiting one another.
An implied promise, also referred to as a fictitious promise, is a legal obligation that arises by law to ensure accountability in a contract and prevent fraud or unfair enrichment. It is created when certain circumstances and actions of the parties involved indicate an understanding of the promise, even if it is not explicitly stated. For instance, when you hire a contractor to construct a house, there is an implied promise that the contractor will fulfil the agreed-upon terms and specifications. Similarly, when you order food at a restaurant, there is an implied promise that the food will be prepared and served in a safe and sanitary manner.
An implied promise refers to a legally binding agreement that is not explicitly stated but is inferred from the circumstances, actions, or conduct of the parties involved.
An express promise is a clear and explicit statement made by one party to another, while an implied promise is not directly stated but can be inferred from the actions or conduct of the parties.
Yes, an implied promise can be legally enforceable if it meets the necessary requirements for a valid contract, such as offer, acceptance, consideration, and intention to create legal relations.
Examples of implied promises include an employer’s promise to pay wages in exchange for an employee’s work, a seller’s promise to deliver goods in exchange for payment, or a landlord’s promise to provide habitable premises in exchange for rent.
To prove an implied promise in court, the party seeking enforcement must present evidence of the circumstances, actions, or conduct that reasonably supports the existence of the promise. This can include witness testimony, documents, or other relevant evidence.
Like any other contract, an implied promise can be revoked or modified if both parties agree to the changes and there is valid consideration for the modification. However, it is important to consult with a legal professional to ensure the changes are legally valid.
If one party fails to fulfill an implied promise, the other party may have legal remedies available, such as seeking damages for breach of contract or specific performance to enforce the promise.
Yes, an implied promise can be created unintentionally if the parties’ actions or conduct reasonably lead the other party to believe that a promise has been made. However, unintentional implied promises may be more difficult to prove in court.
Enforcing implied promises may be subject to certain limitations, such as statutes of limitations that restrict the timeframe within which a claim can be brought. Additionally, the specific circumstances and facts of each case can impact the enforceability of an implied promise.
It is advisable to consult a lawyer if you believe there is an implied promise in your situation. A legal professional can assess the facts, provide guidance on the enforceability of the promise, and help you understand your rights and options.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/implied-promise/
- Modern Language Association (MLA):Implied Promise. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/implied-promise/.
- Chicago Manual of Style (CMS):Implied Promise. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/implied-promise/ (accessed: May 09 2024).
- American Psychological Association (APA):Implied Promise. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/implied-promise/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts