implied contract

express and implied contracts

An express contract is an actual agreement of the parties, the terms of which are openly uttered or declared at the time of making it, being stated in distinct and explicit language, either orally or in writing. An implied contract is one not created or evidenced by the explicit agreement of the parties, but inferred by the law, as a matter of reason and justice from their acts or conduct, the circumstances surrounding the transaction making it a reasonable, or even a necessary, assumption that a contract existed between them by tacit understanding. An implied contract is one inferred from conduct of parties and arises where plaintiff, without being requested to do so, renders services under circumstances indicating that he expects to be paid therefor, and defendant, knowing such circumstances, avails himself of benefit of those services. Chem-Tronix Laboratories, Inc. v. Solocast Co., A.D., 5 Conn.Cir. 533, 258 A.2d 110, 113.

It is an agreement which legitimately can be inferred from intention of parties as evidenced by circumstances and ordinary course of dealing and common understanding of men. Martin v. Little, Brown & Co., 304 Pa.Super. 424, 450 A.2d 984, 987.

See also constructive contract; and quasi contract.