Implied contracts in law can be confusing to many people, especially those who are not familiar with legal jargon. In the most basic sense, an implied contract is an agreement between two parties that is not explicitly expressed in words or in writing. Instead, it is implied through the actions or conduct of the parties involved.
An implied contract can be formed in a number of ways. One common way is through the conduct of the parties involved. For example, if someone hires a contractor to do work on their home and the contractor begins performing the work, this can be considered evidence of an implied contract between the two parties. The parties have not explicitly agreed on a contract, but their actions suggest that they both understand what is expected of them.
Another way that implied contracts can be formed is through the industry or custom in which the parties operate. For example, in the construction industry, it is common for contractors to provide a warranty on their work. Even if there is no written agreement between the contractor and the customer, an implied contract may exist because it is a common practice in the industry.
Implied contracts can also arise from the actions of one party. For example, if a customer orders a product from a retailer and the retailer delivers the product, this can be considered evidence of an implied contract between the two parties.
It is important to note that implied contracts are just as enforceable as explicit contracts. If one party breaches the implied contract, the other party may be entitled to damages or other legal remedies. However, because implied contracts are not explicitly expressed in writing, they can be more difficult to prove in court.
In conclusion, implied contracts are an important concept in law that can arise in a number of ways. They are based on the actions and conduct of the parties involved, rather than on an explicit agreement. Despite their informal nature, implied contracts are still legally enforceable and can be the basis for legal action if one party breaches the terms of the agreement.