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.