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Implied contracts are complicated civil litigation factors

| Jan 7, 2021 | Civil Litigation |

One of the most confusing aspects of law for individuals and corporations in Ohio to understand is an implied contract. Even though a legal document between two parties may not exist, the courts may determine that one or both parties has an obligation toward one another because of past actions.

The basic tenets underlying implied contracts

Sales of consumer goods are prime examples of implied contracts. The idea behind a sale is that neither side should have an unfair advantage. In other words, the buyer has a valid expectation that a product should work properly with the manufacturer required to replace defective items within a reasonable amount of time. Implied contracts often form the basis of civil litigation lawsuits when manufacturers keep defective items on the market even after they have been found to be harmful or otherwise undesirable.

Types of implied contracts

The legal profession recognizes two types of implied contract: an implied-in-fact contract and an implied-at-law contract. Let’s say you perform regular catering services with a promise of meals twice weekly for a month. If you fail to provide the last week of your agreed-upon services, the courts may find that you violated an implied-in-fact contract. An example of an implied-in-law contract involves having a tow truck haul your inoperable vehicle to a repair facility. You are legally obligated to pay for the tow driver’s services even though you do not have an express contract.

When to contact an attorney for implied contract issues

Implied contract issues are complex and confusing. The nature of the relationship between you and the other party involved and other factors such as industry standards and trade practices can affect civil litigation. Discussing these issues with an attorney can help you determine whether you have a valid claim.
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