If you are getting ready to enter into an agreement with someone else, you need to make sure you understand exactly what you are signing up for. That is where contract law comes into play. This is one of the most important parts of the law, and it can play a major role in your business agreements.
You need to understand what implied contract law is, when it comes into play, and how you can make sure that you protect your rights and interests. Keep in mind that this is not something you need to deal with on your own. You may want to reach out to a legal professional who can assist you.
First, an implied contract is a legally binding obligation. It typically comes into play as a direct result of circumstances, conduct, or the actions of one or more parties who are entering into an agreement with one another. It has the same legal implications as an express contract. An express contract is one that has been written down and signed. This contract is enforceable as long as everyone has entered into the agreement voluntarily.
In contrast with an express contract, an implied contract is assumed to exist. It does not necessarily have any written confirmation, but it still carries legal force behind it. Therefore, as long as an implied contract does not violate any laws in the state of Florida, it is still legally enforceable.
First, understand that the basic principle of an implied contract is that nobody should receive benefits that he or she has wrested unjustly from somebody else. For example, there are a lot of implied warranties with products that you may have purchased recently. When you purchase a new refrigerator, you expect it to keep your food and beverages cool. Even though this information might not be written in stone when you purchased the refrigerator, it is the basic job of a refrigerator.
Therefore, if you purchase a brand new refrigerator and it does not keep your food and beverages cool, the manufacturer could have violated an implied contract, and you could be entitled to a new refrigerator or a refund. The vast majority of manufacturing companies understand this, and they should not fight with you over it; however, you need to understand that an implied contract likely exists, and you expect that contract to protect your rights.
On the other hand, not every implied contract is as obvious as that one. Sometimes, an implied contract can be very difficult to enforce because the judge has to imply that a contract is there, even if one has not been written down. For example, there are a lot of people who believe that an implied contract is present in certain conditions of a real estate transaction. If a document has not been signed, it can be very difficult to prove that an implied contract is in place in this situation.
In addition, there are two different types of implied contracts. The first type of implied contract is an implied in fact contract. This is a contract that is created by the behavior and/or the circumstances of the parties involved in the contract. For example, when you go to a restaurant and order food, an implied contract has been created. You did not necessarily write anything down, but you are agreeing to pay for the price of the food as stated on the menu, and the restaurant is agreeing to provide you with the food that you have just ordered. Essentially, the judge has to imply that a reasonable assumption has been made by the behavior of the parties involved.
The other type of implied contract is called an implied in law contract. It is also called a quasi-contract, and it refers to a contract that neither party had the intention of creating but exists. For example, if a pipe bursts at a restaurant while a contractor happens to be dining inside, and the contractor decides to jump in to attempt to mitigate the water damage. They may even try to repair the pipe if they have the equipment in the truck. In this case, the contractor may send a bill to the restaurant, and the restaurant may be obligated to pay the bill under this circumstance.
Even though there are some very straightforward examples above, not every implied contract is so easy to interpret. That is why a lot of situations involving an implied contract end up in court. The judge may have a difficult time interpreting that any sort of agreement exists, which can make it very difficult for one party or the other to get their way.
For example, the judge may decide that the assumption being made under the rules of the contract are reasonable, or they may dismiss the case entirely. Or, people could end up getting stuck with a bill that they never agreed to.
Furthermore, the law regarding an implied contract can vary significantly from state to state. As a result, someone who is moving from one state to another may not understand exactly what they are agreeing to. They may not even realize that there are certain assumptions being made. That is why it is critical for everyone dealing with implied contract law to reach out to a legal professional. Finally, when possible, it is always better for people to get things written down. That way, confusion can be avoided down the road.
Clearly, there is a lot of information that people need to know regarding an implied contract in the State of Florida. Fortunately, this is not something that you need to deal with on your own.
At Aaron Delgado and Associates, we have a significant amount of experience dealing with all different types of contract law in the state of Florida, and this includes implied contracts. If you believe that you have an issue regarding a contract, it would be our pleasure to review it for you. We can talk about your case, review your options, and advocate for your rights. We can also make sure that your interests are protected as the case moves forward. If you would like to learn more about how we can help you, reach out to us today for a case consultation.