implied contract


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implied contract

n. an agreement which is found to exist based on the circumstances when to deny a contract would be unfair and/or result in unjust enrichment to one of the parties. An implied contract is distinguished from an "express contract." (See: implied, contract, express contract)

References in periodicals archive ?
Such a promise may be explicit or implied; for example, many states consider policy manuals to be enforceable, implied contracts between employers and employees.
The 1st Circuit ruled that the overt targeting of the EPS in order to use the card numbers rendered it reasonable for plaintiffs to take steps to protect against such misuse, and reinstated the negligence and breach of implied contract claims of plaintiffs who had incurred out-of-pocket mitigation expenses.
1950): "[A] [c]ourt should determine and give to the alleged implied contract 'the effect which the parties, as fair and reasonable men, presumably would have agreed upon if, having in mind the possibility of the situation which has arisen, they had contracted expressly thereto.
amp;nbsp;      Defendant entered into implied contracts with Plaintiff and the Class members.
breached an implied contract to protect customer data.
On the breach of implied contract claim, the court stated that an implied contract based on the purchase of goods from Hannaford could include an implied term that Hannaford would "take reasonable measures" to safeguard the information used with credit-card purchases.
Second, we postulate that retail exchanges are monitored and evaluated via an implied contract between the customer and retailer (e.
This will provide a defense to any argument that the employment policies created an implied contract that trumped at-will employment.
Under the implied contract theory, the employee must show that the employer's actions or the language of the handbook manifest to a reasonable person an intent to be bound by the provisions of the handbook (Anderson v.
These exceptions apply in cases where employees are terminated in violation of public policy as well as implied contract (or promissory estoppel).
Statements that support a finding of an implied contract include promises about promotions and future ownership interests in the company.
It's even more odd when Cardiff reverts to closed station status (staff inspecting tickets at barriers at platform exits) because if you are only able to purchase tickets on a train then this is termed an implied contract as opposed to an express contract where tickets are purchased on a platform or by pre-booking.