Implied Contract

An implied contract is a legal relationship between two parties that is not explicitly stated in a written document but is inferred from the parties’ actions and the law.

Elements of an implied contract:

• Two parties: There must be two parties involved in the relationship.
• Mutual obligation: Each party must have a mutual obligation to perform certain actions or provide certain goods and services.
• Intention: The parties must have the intention of creating a binding legal relationship.
• Consideration: There must be something of value exchanged between the parties.
• Law: The implied contract must be governed by law.

Types of implied contracts:

• Express warranties: Implied warranties are promises that are made explicitly by the seller or manufacturer.
• Implied warranties of merchantability: This warranty guarantees that the goods are fit for the intended use.
• Implied warranties of fitness for a particular purpose: This warranty guarantees that the goods are suitable for a specific purpose.
• Implied terms of payment: This implied term requires payment for the goods or services provided.
• Implied terms of delivery: This implied term requires the goods to be delivered in a reasonable manner.

Examples of implied contracts:

• A landlord and tenant have an implied contract for the rental of property.
• A seller and buyer have an implied contract for the sale of goods.
• An employer and employee have an implied contract for employment.

In general, implied contracts are created when:

• The parties have a mutual understanding and intend to create a legal relationship.
• The actions of the parties in relation to each other are consistent with the creation of a contract.
• The law of contract applies to the relationship.

It is important to note that:

• Implied contracts are not always created.
• The specific terms of an implied contract will vary depending on the circumstances.
• If there is any conflict between an implied contract and a written contract, the written contract will prevail.