When it comes to legal contracts, there are two main types: express contracts and implied contracts. An express contract is a written or spoken agreement that explicitly states the terms and conditions of the agreement. However, an implied agreement is one that is not explicitly stated in writing or verbally, but rather inferred from the parties` actions and conduct.
An implied agreement can be implied in fact or implied in law. An implied agreement in fact is one where the parties` conduct and actions suggest that they intended to create a legal relationship. For example, when you visit a hair salon, an implied agreement is created that the salon will provide you with a haircut and you will pay for the service.
On the other hand, an implied agreement in law, also known as a quasi-contract or implied-in-law contract, is a legal fiction used by courts to prevent one party from unfairly benefiting from a transaction. It is important to note that implied-in-law contracts are not true contracts, but rather an equitable remedy that is used to prevent unjust enrichment.
A common example of an implied-in-law contract is when a contractor performs work on someone`s property without a written contract. If the property owner accepts the work and receives the benefits of the work, they can be held liable to pay for the services rendered under the legal theory of unjust enrichment.
In order for an implied agreement to be enforceable in court, there are several key elements that must be met. Firstly, there must be a mutual intent to create a legal relationship between the parties. Secondly, there must be a clear offer and acceptance of the terms of the agreement. Finally, there must be consideration, which refers to the exchange of something of value between the parties.
In conclusion, an implied agreement is a legal contract that is inferred from the conduct and actions of the parties involved. It can be implied in fact or law, and is used by courts to prevent unjust enrichment. Understanding the elements of an implied agreement is essential when drafting and enforcing legal contracts.