Implied in law agreement is a legal term used to describe a type of contract that is not explicitly stated or written down in any legal document. This type of contract is formed by the actions and conduct of the parties involved. There are various other names for implied in law agreement, including quasi-contract, constructive contract, and implied contract.
An implied in law agreement arises when one party provides a service or product to another party, with an expectation of payment. Even if there is no written or verbal contract between the parties, an implied in law agreement will exist if there is evidence that the parties intended to create a legal relationship.
One of the crucial aspects of an implied in law agreement is that it is based on the principle of unjust enrichment. This means that the party who has received the benefit or service has a moral and legal obligation to compensate the other party. In other words, the implied in law agreement exists to prevent one party from unfairly benefiting at the expense of another.
There are various circumstances where an implied in law agreement can arise. For instance, if someone provides medical care to another person in an emergency situation, then an implied in law agreement may come into existence. Also, if someone performs repair work on another person`s property in the absence of any specific agreement, an implied in law contract may arise.
It should be noted, however, that not all situations automatically lead to the formation of an implied in law agreement. Some factors must be present, including one party providing a service or benefit to another party, an expectation of payment, and the other party receiving and accepting the service or product.
An implied in law agreement is different from an implied in fact contract. The latter arises when the parties involved behave in a certain way that implies an agreement. For example, if someone hires a contractor to carry out a renovation project on their home, and the contractor starts work without any explicit agreement, an implied in fact contract may arise.
In conclusion, an implied in law agreement is a legal contract that arises from the actions and conduct of the parties involved. It is based on the principle of unjust enrichment and serves to prevent one party from unfairly benefiting at the expense of another. It is a crucial aspect of contract law, and businesses and individuals alike should be aware of its existence and implications.