When two or more parties enter into an agreement without expressly stating the terms and conditions, it is known as an implied contract. This type of agreement is based on the conduct of the parties, and their actions serve as evidence of their intent to be bound by the terms of the contract.
In an implied contract, the parties may not have used formal language to create the contract, and there may not have been any written agreement. Instead, the terms and conditions of the contract are based on the parties` behavior towards each other. For example, if someone hires a contractor to renovate their home, and the contractor begins work without any written agreement, they are still bound by the terms of an implied contract.
Implied contracts can also arise from a series of communications between the parties. For example, if an employer consistently pays an employee for overtime work, even though there is no written agreement for overtime pay, the employee can argue that they have an implied contract for overtime pay based on the employer`s consistent behavior.
To prove the existence of an implied contract, it is essential to demonstrate that the parties intended to enter into an agreement. This can be done by showing that the parties had a mutual understanding of the terms and conditions, that there was a meeting of the minds, and that the parties acted in a manner consistent with the agreement.
In conclusion, an implied contract is a type of agreement that is created based on the parties` actions and behavior, rather than a written agreement. It is important to understand that an implied contract is just as binding as a written contract, and parties should be careful about their actions, as they can be used as evidence of their intent to be bound by an agreement. As with any legal matter, it is always best to seek the advice of an attorney to ensure that your rights are protected.
