implied agreement

implied agreement
(1) Implied in fact. One inferred from the acts or conduct of the parties, instead of being expressed by them in written or spoken words.
(2) Implied in law; more aptly termed a constructive or quasi contract. One where, by fiction of law, a promise is imputed to perform a legal duty, as to repay money obtained by fraud or duress. Baltimore Mail S. S. Co. v. U. S., C.C.A.Md., 76 F.2d 582, 585.
One inferred by the law where the conduct of the parties with reference to the subject-matter is such as to induce the belief that they intended to do that which their acts indicate they have done. Baltimore & O. R. Co. v. U. S., 261 U.S. 592, 43 S.Ct. 425, 67 L.Ed. 816.

Black's law dictionary. . 1990.

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  • implied agreement — (1) Implied in fact. One inferred from the acts or conduct of the parties, instead of being expressed by them in written or spoken words. (2) Implied in law; more aptly termed a constructive or quasi contract. One where, by fiction of law, a… …   Black's law dictionary

  • agreement — agree·ment n 1 a: the act or fact of agreeing by mutual agreement b: unity of opinion, understanding, or intent; esp: the mutual assent of contracting parties to the same terms if they reach agreement ◇ Under common law, agreement is a necessary… …   Law dictionary

  • implied — im·plied /im plīd/ adj: not directly or specifically made known (as in the terms of a contract); specif: recognized (as by a court) as existing by reason of an inference and esp. on legal or equitable grounds for breach of implied covenants in… …   Law dictionary

  • implied — im‧plied [ɪmˈplaɪd] adjective not stated openly, but understood to exist or to be true: • Disney argued that it had an oral contract and an implied license to use the Muppet characters. * * * implied UK US /ɪmˈplaɪd/ adjective [usually before… …   Financial and business terms

  • agreement — A meeting of two or more minds; a coming together in opinion or determination; the coming together in accord of two minds on a given proposition. In law, a concord of understanding and intention between two or more parties with respect to the… …   Black's law dictionary

  • agreement — A meeting of two or more minds; a coming together in opinion or determination; the coming together in accord of two minds on a given proposition. In law, a concord of understanding and intention between two or more parties with respect to the… …   Black's law dictionary

  • implied contract — see contract Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. implied contract …   Law dictionary

  • implied consent — index acquiescence Burton s Legal Thesaurus. William C. Burton. 2006 implied consent …   Law dictionary

  • implied authority — see authority Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. implied authority …   Law dictionary

  • Implied authority — of Contract is a legal term. In contract law, it is the implied ability of an individual to make a legally binding contract on behalf of an organization, by way of uniform or interaction with the public on behalf of that organization. When a… …   Wikipedia

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