What Is An Implied Contract

An implied contract is a type of contract that is formed through the actions, conduct, or circumstances of the parties involved, rather than through explicit written or spoken agreements. In other words, an implied contract is not formally stated but is inferred from the behavior of the parties and the context of the situation.

Table of Contents

Key Characteristics of Implied Contracts

Formation Through Conduct:
- Implied contracts are created based on the actions of the parties involved. For example, if you visit a restaurant and order food, there is an implied contract that you will pay for the meal once it is served.
Types of Implied Contracts:
- Implied in Fact: These contracts arise from the circumstances and actions of the parties. For example, if you hire someone to perform a service and they complete the job, an implied contract exists that you will pay them for their work.
- Implied in Law (Quasi-Contract): These contracts are created by law to prevent unjust enrichment. Even if there was no intention to create a contract, the law may impose an obligation on one party to pay another for a benefit received. For instance, if a person receives emergency medical care while unconscious, they may be required to pay for the services, even if they did not explicitly agree to them.
No Formal Agreement:
- Implied contracts do not require a written or spoken agreement. Instead, they rely on the understanding and behavior of the parties involved, which indicates their intentions to enter into a contract.
Enforceability:
- Like express contracts (those explicitly stated), implied contracts are enforceable by law. However, proving the existence and terms of an implied contract can sometimes be more challenging since there is no written documentation.
Context Matters:
- The context in which the parties interact plays a crucial role in determining whether an implied contract exists. Courts will look at the conduct, relationships, and circumstances surrounding the agreement.

Examples of Implied Contracts

Medical Services: When a person receives medical treatment, there is usually an implied contract that they will pay for the services rendered, even if no explicit agreement was made beforehand.
Employment Situations: If an employee performs their job duties, there is an implied contract that the employer will pay them for their work, even if the payment terms are not formally documented.
Household Services: If a neighbor offers to mow your lawn while you are away, and you do not explicitly reject the offer, there may be an implied contract that you will pay them for the service once completed.

Conclusion

Implied contracts play a significant role in everyday transactions and relationships, even when no formal agreements are in place. Understanding the nature of implied contracts is essential for recognizing the legal obligations that can arise from conduct and circumstances, ensuring that parties are aware of their rights and responsibilities in various situations.

In any business partnership, a contract is involved. Contract law explains the exchange of products and services between firms. It’s a good idea to understand the components of a legal contract, regardless of whether you write one yourself or have a business attorney do it for you.

This page explains the fundamentals of contract law, the different kinds of contracts, and what small business owners might anticipate in court. We also offer connections to other useful resources that business owners can use to learn about contracts and other legal matters.

Basics of Contract Law

An agreement between two parties that is enforceable by law is called a contract. These components must be included in a contract: a single party’s offer of products or services and an acknowledgment by the other party of the offer.

Considering the proposal.

For the contract to be advantageous to both parties, there must be a “bargained-for” exchange of value.
mutual consent. The conditions of the agreement must be accepted by both parties. It becomes a counteroffer if any of the terms are altered by either side.

Contract Types

There are different kinds of contracts. As long as they have the aforementioned components, they are enforceable and legitimate. Depending on the parties or the subject matter of the contract, other components can be required.

Oral agreement. A verbal agreement is just as enforceable as written one. It can be more challenging to establish in court.
Written agreement. All of the components of a written contract are included, along with additional information. Delivery specifications, state laws and rules, and boilerplate language on warranties and responsibilities are all possible inclusions in business agreements. In the event of a fraud or breach, a written contract is admissible in court.
UCC stands for Uniform Commercial Code. This regulates sales of items valued at more than $500. Written contracts are required by the UCC.
Employment agreements, professional services, and any transaction involving intangible goods are all examples of service contracts. Any service agreement that will extend beyond a year needs to be in written.
In order to comply with the Statute of Frauds, real estate contracts must always be in writing.
Fundamentals of Contract Breach
When one party does not carry out its end of the bargain, a breach of contract occurs. Four categories of breaches exist:

An actual breach happens when one of the parties fails to deliver. Joe will really be in violation of their agreement if he doesn’t paint Fred’s house.
When one party anticipates that the other will breach and breaches first, this is known as an anticipatory breach. For legal reasons, certain corporate operations permit anticipatory breaches.
A minor breach happens when one of the parties to the contract has made a tiny violation. There would be a little violation if Joe promised to start painting at 9:00 a.m. but didn’t start until 9:30 a.m.
A material breach occurs when there has been a major harm caused by the breaching party’s failure. The non-breaching party may typically take legal action in response to a material breach.
For business owners, contract disputes that result in contract breaches are a major concern. If you own a small business, you ought to be able to get legal assistance from an experienced attorney without much trouble. There is a limited amount of time in which you can bring a lawsuit, and it may be difficult to get the proof you need without legal assistance.

Implementing a Contract

The common law and public policy govern how contracts are enforced. A “void ab initio” or “void on its face” contract is not enforceable. Other categories of contracts that aren’t enforceable are:

Insufficient ability. The agreement needs to be able to be approved by both parties. Some people’s age, mental health, or legal status prevent them from having the legal right to agree.
Deception. Unfair persuasion, pressure, or fraud are all reasons to nullify a contract.
Unbecoming. The court may declare the contract void if any of its provisions are flagrantly unfair or if the parties’ bargaining positions are not equal.
Error. When two people have different understandings of the terms of the contract, it is called a mutual error. This can make the agreement void. When one side makes a mistake, it is called a unilateral error. Fraud or misrepresentation occurs when the other party knew about the error and took advantage of it.

A court can address legal matters pertaining to contracts in one of two ways. It is dependent upon the details of the contract and the timing of the error.

Contracts that are void are not enforceable at all. It may be unlawful or impossible to carry out an invalid contract. The contracts will be void by the courts if they are unable or unwilling to enforce them.

Contracts that are voidable either by the parties or by law are those that can be canceled. For example, it is illegal for a kid to sign a contract, but if they do, they can accept the terms of the agreement when they become 18 years old. If not, the agreement is null and void.
Contracts, whether written or oral, are a part of every business, especially when it comes to sales of products and services. A legally binding agreement is a contract, and even a sincere mistake might have major ramifications. Small business owners should obtain legal assistance if they do not possess a basic understanding of contract law.

Real Estate Expert Witness Services by Craig Cherney, Esq.

Craig Cherney is a trusted client advisor and a sought after real estate lawyer and expert witness who is hired by the nation’s top Real Estate Litigation Attorneys to help resolve their litigated real property matters. Craig has appeared as a testifying expert witness before judges and juries in California, Arizona, Nevada and other jurisdictions across the country. Craig Cherney, Esq. Expert Witness Real Estate. 480-399-2342. If you are litigating an easement case, Craig Cherney might be able to help you advance and win your case.