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Implied Agreement
An implied agreement (or implied contract) is a legally binding agreement that is not expressed in words, either written or spoken, but is inferred from the actions, behavior, or circumstances of the parties involved. It has the same legal force as an express contract, which is explicitly agreed upon verbally or in writing.
Key characteristics of an implied agreement include:
- Creation by conduct: The agreement is formed through the parties' actions or conduct that indicate a mutual understanding or intent to contract, even though no explicit words are exchanged.
- Mutual agreement inferred: There must be a clear understanding between the parties, inferred from their behavior or situation, that a contract exists.
- Legal obligation: The conduct suggests that the parties intended to enter into a legally binding agreement, creating enforceable obligations.
- Avoidance of unjust enrichment: The law recognizes implied contracts to prevent one party from unfairly benefiting at the expense of another.
- Benefit and detriment: Typically, one party receives a benefit while the other incurs a detriment, which supports the existence of a contract.
Common examples include:
- Paying for services received, such as dining at a restaurant or getting a haircut, where payment is expected even without a written agreement.
- Employment relationships where work is performed and payment is expected despite no formal contract.
- Real estate situations, like paying rent without a formal lease, implying an agreement to provide housing in exchange for rent.
- Implied warranties in product sales, where a product is expected to perform its intended function.
While implied agreements are legally enforceable, they can be harder to prove and enforce than express contracts because there is no written or verbal confirmation; the existence and terms must be demonstrated through conduct and circumstances.
In summary, an implied agreement is a contract formed by the conduct of the parties that creates mutual obligations, recognized by law to ensure fairness and prevent unjust enrichment, even without explicit verbal or written consent.