What does implied mean in law?
Asked by: Justina Dach III | Last update: February 2, 2026Score: 4.7/5 (36 votes)
In law, "implied" means something suggested or understood from actions, circumstances, or conduct, rather than explicitly stated in words, creating legally recognized obligations like an implied contract, implied authority, or implied consent, enforcing duties or agreements that aren't written but are clear from the situation or behavior, preventing unfairness.
What is the meaning of implied in law?
A contract implied in law, also known as a quasi-contract or a constructive contract, is an obligation created by law for the sake of justice or to avoid unjust enrichment.
How is implied meaning used in law?
Implied-in-law contracts are commonly used in civil law contexts, particularly in cases involving unjust enrichment. They are often relevant in disputes where one party has received a benefit without a formal agreement, such as in cases of services rendered or goods provided.
What does "implied" mean in simple?
involved, indicated, or suggested without being directly or explicitly stated; tacitly understood.
What is an example of an implied law?
Implied-in-Law Contracts
These are not actual contracts but are created by courts to prevent one party from unfairly benefiting at the expense of another. For instance, if a doctor provides emergency medical care to an unconscious patient, an implied-in-law contract ensures the doctor is compensated for their services.
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Do implied contracts hold up in court?
Yes, implied contracts can be legally binding, but only if certain conditions are present. For an implied contract to hold legal weight, there must be a clear indication of a mutual agreement and a legal obligation inferred from the parties' actions or circumstances.
What are examples of implied?
An example of implied would be if someone said, "I'm so thirsty." This statement implies that the person wants something to drink, but it does not directly say it.
What is implied also known as?
[im-plahyd] / ɪmˈplaɪd / ADJECTIVE. hinted at. hidden implicit indirect latent lurking tacit unspoken.
What are the three types of implied terms?
A term which is imported into a contract, in addition to those expressly agreed by the parties. There are three broad categories of implied terms—those implied by statute, by common law and by fact.
What's the difference between implied and explicit?
Explicit describes something that is very clear and without vagueness or ambiguity. Implicit often functions as the opposite, referring to something that is understood, but not described clearly or directly, and often using implication or assumption.
What are implied conditions in law?
Implied Conditions. Implied conditions are those conditions that even when not expressed in words or written in the contract are considered to be warranted by the law to be present in the sales contract. In fact, they are automatically implied by law unless any agreement contrary to it is prepared by both parties.
What is implied intent in law?
Implied intent refers to the understanding of a person's intention to commit a crime based on the circumstances surrounding their actions. Unlike express intent, which is clearly stated, implied intent is inferred from the facts of a situation.
What are the three terms that may be implied by the court?
There are three main types: terms implied by fact (specific to the contract), by law (common to certain contracts), and by custom.
Is an implied agreement legally enforceable?
Both express contracts and implied contracts are legally enforceable promises of mutual assent to be bound, see U.C.C. § 1-201.
What is an implied offer in law?
Implied Offer: This is an offer conducted through sign or acting. However, if the opposite party remains silent over the offer, the offer itself is not valid. General Offer: This is an offer that's conveyed to the public rather than a certain person.
What evidence is needed for an implied contract?
The party seeking to enforce an implied contract must present clear evidence that an agreement existed. This includes demonstrating that both parties understood their obligations, that consideration was exchanged or promised, and that the circumstances reasonably indicate a contractual relationship was intended.
Are implied terms legally binding?
Provisions that are automatically included in a contract are known as implied terms—even if they've not been formally written down or verbally agreed by the respective parties. Implied terms are legally binding and exist to fill the gaps in express terms. Terms may be implied from several sources.
What are the advantages of implied terms?
Implied terms can be beneficial to both parties in a contract, as they can fill in any gaps or ambiguities that may arise from incomplete or unclear drafting, or unforeseen events. This helps to prevent disputes and litigation, while also ensuring fairness and efficiency.
What is an example of an implied-in-law contract?
An implied-in-fact contract exists based on the behavior of the respective parties when, for example, one party enters a hair salon, sits down in a chair, and asks for a haircut, which the other party then provides. By asking for the haircut, the first party has implicitly agreed to pay for the haircut.
What does "imply actually" mean?
Imply means to suggest or to say something in an indirect way. Infer means to suppose or come to a conclusion, especially based on an indirect suggestion.
What is an implied term in law?
A contractual term that has not been expressly agreed between the parties, but has been implied into the contract either by common law or by statute.
What is an example of implied notice?
Example 1: A tenant notices that a roof leak has been present for several months. The landlord may argue that the tenant had implied notice of the leak and should have reported it sooner.
What is an example of something being implied?
Examples of Implied in a Sentence
Emma's broad smile implied that she was happy to see me. The sound of several sirens implied that there was an emergency. The news report implied that the politicians were on opposite sides of the debate.
What is the importance of implied meaning?
Implied meaning plays a vital role in literature as it adds layers to characters and themes, inviting readers to engage more deeply with the text. By analyzing the subtext, readers can uncover motivations, conflicts, and thematic elements that may not be directly articulated.