Dictionary

implied

indicated by actions, circumstances or statements but not explicitly stated Courts have found that hospitals enter into implied contracts with their patients.

Common Mistakes

  • Implied should not be confused with inferred. The hearer or reader infers something while the speaker or writer implies something.

Phrase Bank

  • Although the homeowner never requested that his lawn be cut, his acceptance of the service constituted an implied contract.
  • The supplier's failure to object to late payment constituted (= formed or created) implied consent to future late payments.
  • The court found that the insurer's failure to advise the insured of his rights under the policy was a breach of the implied covenant of good faith and fair dealing.
  • The sale of goods 'as-is' creates an exception to the implied warranty of merchantability.
  • The corporation has the implied power to raise loans.
  • The court may have implied jurisdiction to hear the case.

Additional Notes

  • implied contract: a situation whereby an agreement clearly exists based on circumstances, notwithstanding that no formal agreement was entered into.
    Although the homeowner never requested that his lawn be cut, his acceptance of the service constituted an implied contract with the teenager next-door.
  • implied consent: a situation whereby the circumstances indicate that one party clearly consents to something done by the other.
    The supplier's failure to object to late payment constituted implied consent to future late payments by the buyer.
  • implied covenant of good faith and fair dealing: an assumption in contract law that parties treat each other fairly.
    The court found that the insurer's failure to advise the insured of his rights under the policy constituted a breach of the implied covenant of good faith and fair dealing.
  • implied offer: an offer made by the way the offeror acts of behaves. An example of an implied offer is where a bus company run a regular service between points A and B: there is implied offer from the bus company to take any person waiting at a bus stop on the route who is willing to pay the usual fare.
  • implied warranty of merchantability: the legal assumption that goods are fit for the purpose for which they are sold.
    Sale of the goods 'as-is' constitutes an exception to the implied warranty of merchantability.
  • implied warranty of fitness for a particular purpose: arises where a buyer tells a seller of a certain need and that the buyer is relying on the seller's skill or judgment to sell them an item that fits that need.
    The implied warranty of fitness for a particular purpose arises when the seller promises the buyer that the goods will be suitable for a use the buyer has told the seller about.
  • implied power: rights or authority conferred by statute as opposed to expressly stated in the articles of association. Business activities which a corporation may lawfully conduct and which are incidental to its main activities.
    The corporation had the implied power to raise loans.
  • implied jurisdiction: where a statute does not explicitly authorise a court to hear a certain type of case, necessity may require the court to take jurisdiction, such as where a punishable violation of a city ordinance occurs outside of city limits.
    Assume an ordinance that provides that fireworks purchased in the city may not be provided to children. Someone purchases fireworks and sells them to a child outside of city limits. The city court may have implied jurisdiction to hear the case.