An implied contract is a legally binding agreement between two parties that is not explicitly stated or written down. Instead, it is inferred from the conduct or actions of the parties involved. The legal definition of implied contract can vary depending on the jurisdiction, but there are generally three types of implied contracts: implied in fact, implied in law, and quasi-contracts.
Implied in fact contracts are formed when the parties involved have not explicitly stated their intentions to enter into a contract, but their actions or behavior suggest otherwise. For example, if you regularly visit a coffee shop and order the same latte every day, an implied in fact contract may be formed between you and the coffee shop. Even though you have not explicitly agreed to purchase a latte every day, your regular visits and consistent orders imply that you have entered into an agreement.
Implied in law contracts, also known as quasi-contracts, are legal fictions that are imposed by courts to prevent one party from being unjustly enriched at the expense of another. These contracts are not actual contracts, but rather remedies that are imposed by courts to remedy a wrong. For example, if a homeowner mistakenly pays a contractor twice for the same work, the homeowner may be able to recover the excess payment under an implied in law contract.
The legal definition of implied contract can also vary depending on the jurisdiction in which the contract is being enforced. In some states, an implied contract may be created by the actions of the parties involved, while in other states, it may require the existence of a particular set of circumstances. For example, in California, an implied contract can be formed if there is evidence of mutual intent to enter into an agreement, while in New York, an implied contract may be formed if one party provides goods or services and the other party accepts them without objection.
Regardless of the type or jurisdiction of the implied contract, it is important to note that it is legally binding and enforceable. If any of the parties involved breach the terms of the contract, they may be subject to legal action and damages.
In conclusion, an implied contract is a legally binding agreement that is inferred from the conduct or actions of the parties involved. There are three types of implied contracts: implied in fact, implied in law, and quasi-contracts. These contracts are enforceable and can be subject to legal action if breached. As always, it is important to consult with a legal professional for advice on specific situations involving implied contracts.