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 ?
The former environmental health director claimed in the lawsuit that the dismissal breached his employment contract, breached the implied contract covenants of good faith and fair dealing, and violated public policy.
Implied contracts consist of commonly understood or shared expectations [7] and are more difficult to monitor.
The Supreme Court of California found that "courts should enforce express contracts between nonmarital partners, [and] [i]n the absence of an express contract, the courts should inquire into the conduct of the parties to determine whether that conduct demonstrates an implied contract, agreement of partnership or joint venture, or some other understanding between the parties." (18) The court also suggested the use of constructive or resulting trusts, quantum meruit, and "additional equitable remedies to protect the expectations of parties to a nonmarital relationship in cases in which existing remedies prove inadequate." (19)
9, 21 (1994) ("It is now clear, however, that in virtually all cases, idea protection will be available as a matter of express or implied contract law, though in rare cases a plaintiff may have to resort to a confidential relationship theory.").
Another widely recognized exception prohibits terminations after an implied contract for employment has been established; such a contract can be created through employer representations of continued employment, in the form of either oral assurances or expectations created by employer handbooks, policies, or other written assurances.
If no written agreement exists and no implied contract is found, the employee owns the invention.
His analysis indicates that adoption of the "implied contract" exception has had a sizable and robust impact on THS employment, while the public policy exception and the implied covenant of good faith and fair dealing do not appear to have had significant impacts on THS.
The court did not agree with the lower court that the lack of an implied contract fully addressed the question of whether "there may be some instances in which a municipal assessment is involuntarily imposed but would nevertheless be considered a permissible fee for services rather than a tax."
Wrongful dismissal, discharge or termination (either actual or constructive) of employment, including breach of an implied contract;
The defendants are accused of "fraud, malice, and oppression in their dealings with plaintiffs" and "have induced a breach of an implied contract between plaintiffs and home subscribers."
In recent years, courts have held employers liable in "at-will" situations when a dismissal was found to have been contrary to public policy, or the employer breached an implied contract promise or an implied covenant of good faith and fair dealing.
An implied contract. Even if you have no written contract with your employee, some states have found implied contracts in the employee manuals often provided to employees when they accept employment, promises made to an employee when a job was offered, or even in management manuals that are never provided to employees.