Prompt Details
Example of Prompt Output:
An ‘implied contract’ is a contract where the agreement and obligations of the parties are not expressed in words but are inferred from their conduct, the circumstances, or by law. Unlike explicit (or express) contracts, which clearly state the terms and conditions of the agreement, implied contracts rely on actions, facts, and circumstances to infer the parties’ intentions.
Implied contracts can be either “implied in fact” or “implied in law.” Implied-in-fact contracts are formed by non-verbal conduct, rather than explicit words. For instance, by sitting down at a hairstylist’s chair, you’re implying a contract that you’ll pay the standard rate for their services.
Implied-in-law contracts, also known as quasi-contracts, are imposed by courts to prevent unjust enrichment of a party in certain situations where there was no clear agreement between the parties.
Despite the lack of explicit terms, implied contracts carry significant legal weight. If a dispute arises, courts will look at the parties’ actions and the context of their relationship to determine if an implied contract exists and its terms. As such, parties to an implied contract are legally bound, much like they would be under an express contract.
In conclusion, while implied contracts might lack the clear terms of an express contract, they are a fundamental aspect of contract law and carry the same legal enforceability. However, due to their nature, proving the existence and terms of an implied contract can be more complex than with express contracts.
Reviews
There are no reviews yet.