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 ?
If pitching an idea for a copyrightable work such as a TV series or toy might create some protection through an implied contract, as in the Housecall I Royal Pains case, pitching an idea for a patented product might cause one to lose his or her patent rights.
Nevertheless, such provisions have practical value because they tend to inoculate employers against implied contract claims.
You do not want to create an implied contract or imply that the employee can only be terminated for cause," Rossignol says.
The 'Titanic' director has already beaten a 1 billion dollars copyright claim from Bryant Moore, and also emerged victorious in an implied contract claim from Eric Ryder, and has denied a win for Gerald Morawski.
In an encouraging and entertaining manner he guides the writer around the minefield of deadly plots, explains the implied contract between writer and reader, the likeability/unlikeability of the narrator, the search for the ideal reader, twenty things that kill focus for the reader, and how to balance setting, character, and action.
That may be the implied contract at gay bars, but when the syndrome is transplanted to TV or the concert stage, it's no longer A-OK-and the trouble with some "migrated" talents is that they aren't able to tell the all-important difference.
Instead of renegotiating the implied contract between film and viewer, as NCA directors Lucrecia Martel, Lisandro Alonso and others did so creatively, Santiago Mitre returns to a more classical, robustly narrative model of spectatorship.
Christiansen is now suing for breach of implied contract, saying that USA stole his idea.
There was an implied contract in that, and at least one side has and continues to fulfill its commitment.
12) Zheng argues that the Chinese government has signaled to the world its determination to improve the country's labor record: the new Labor Contract Law reiterates the government's determination to formulate and regulate labor relations on the basis of a contract system, appeases discontent and anger among migrant workers who experienced substandard labor conditions in cities, and reads an implied contract into every employment relationship.
44) Still, the Court provisionally recognized the merit of other claims, such as the defendant's breach of an implied contract of bailment with the plaintiffs, and allowed the case to proceed through limited discovery.
In short, the implied contract or "implicit promise of indemnity" is in many cases no more than a fiction to achieve a just and fair result.