Define: Implied

An implied contract is a legally binding agreement that is not explicitly stated in writing or verbally, but is inferred from the actions, conduct, or circumstances of the parties involved.

An implied contract can be formed when the parties involved act in a way that suggests they have mutually agreed to certain terms and conditions, even if those terms were not explicitly discussed or written down.

Yes, implied contracts are generally enforceable in court, as long as there is sufficient evidence to prove the existence of the contract and its terms.

Common examples of implied contracts include situations where someone hires a contractor to perform a service, such as painting a house, or when a customer purchases goods from a store and pays for them at the checkout counter.

Yes, an implied contract can be modified or terminated by mutual agreement between the parties involved, or by the actions or conduct of one party that clearly indicates a desire to modify or terminate the contract.

If one party breaches an implied contract, the non-breaching party may be entitled to seek legal remedies, such as damages or specific performance, depending on the circumstances and the extent of the breach.

Yes, an implied contract can be proven without any written evidence. Testimony, witness statements, emails, text messages, or other forms of evidence that demonstrate the parties’ actions, conduct, or intentions can be used to establish the existence and terms of an implied contract.

Yes, there may be limitations on the enforceability of implied contracts, such as statutes of limitations that restrict the timeframe within which a party can bring a legal action to enforce the contract.

Yes, an implied contract can be formed between family members or close friends, as long as there is evidence to support the existence of a mutual agreement and the intention to be legally bound by the terms of the contract.

To protect yourself from potential disputes arising from implied contracts, it is advisable to document any agreements in writing, clearly communicate your expectations and intentions, and seek legal advice if you have concerns or uncertainties about the enforceability of an implied contract.