2023년 2월 7일 화요일

What are implied contracts under English law?

Implied contracts under English law are contracts where the terms of the agreement have not been explicitly set out or agreed to by the parties, but are instead inferred from the circumstances of the case and the parties´ actions. Implied contracts are formed where the parties´ actions and conduct demonstrate that they have reached an agreement, even though the terms of the agreement have not been explicitly set out. The terms of an implied contract are usually less clear than those of an express contract, and may be subject to interpretation by the courts. The parties to an implied contract are entitled to enforce the terms of the agreement if either party breaches any of the terms of the agreement. Implied contracts are used in circumstances where it is not necessary or practical for the parties to set out the terms of the agreement explicitly, but where their actions and conduct demonstrate that they have reached an agreement nonetheless.

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