Implied

In various contexts such as law, business, or communication, 'implied' refers to something not explicitly stated but inferred from actions, context, or established facts.
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Definition

Implied: The term “implied” is used to describe something not directly stated but rather inferred through context, actions, or established facts. This term often appears in legal, business, and communications contexts, where certain understandings or intentions must be deduced without explicit expression.

Examples

  1. Implied Warranty: In sales and goods, an implied warranty ensures that products sold are fit for their intended purpose, even if not explicitly stated.

  2. Implied Consent: In legal terms, implied consent refers to a situation where a person’s actions suggest they have agreed, even though no formal approval was given.

  3. Implied Authority: In business, implied authority allows an employee to perform reasonable tasks not explicitly outlined in their job description but necessary for carrying out their duties.

Frequently Asked Questions (FAQs)

Implied consent refers to a situation where not explicitly stated but inferred from actions, facts, circumstances, or the relationship of the parties involved that consent was given.

How is an implied contract formed?

An implied contract is formed through the actions, behaviors, or circumstances which show a mutual intention to contract, rather than through written or spoken words.

What is an implied warranty?

An implied warranty is an unwritten guarantee that a product or service works as expected, typically determined by state law where the sale occurs.

Can terms be implied in contracts?

Yes, terms can be implied in contracts either by law (statutory) or by fact (inferable from the behavior or communication of the parties involved).

Why is the concept of ‘implied’ important in business law?

The concept of ‘implied’ helps ensure fairness and reasonableness in business transactions where explicit terms may be lacking or insufficient to address all scenarios.

  • Implied Authority: The power granted to an agent to perform acts reasonably necessary to accomplish their assigned tasks, even if not explicitly stated.
  • Implied Warranty of Merchantability: A guarantee that a product will meet a minimum level of quality and performance standard.
  • Implied Easement: A right that may arise by implication because of the circumstances of a property conveyance.
  • Implied Contract: A contract formed in whole or in part from actions, conduct, or situational context rather than written or spoken agreement.
  • Implied Consent: Consent which is not explicitly given but inferred from actions, facts, or circumstances.

Online Resources

Suggested Books for Further Studies

  • Black’s Law Dictionary by Henry Campbell Black
  • Contract Law: Text, Cases, and Materials by Ewan McKendrick
  • Business Law and the Regulation of Business by Richard A. Mann and Barry S. Roberts

Fundamentals of Implied: Business Law Basics Quiz

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Implied Agency
Implicit Cost Elements