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Implied Contract Law

Implied contracts are generally based off of assumed intentions and conduct following an agreement between two parties. Implied contracts are legally enforced agreements which are not necessarily always written or spoken but based off of the conduct of both parties. For example, an employer shakes a new hired employee's hand after an interview; this is a form of an implied contract. While an implied contract holds as much merit as a written contract, it is harder to prove the existing facts surrounding an implied contract. Below are a few of the more frequently asked questions regarding implied contracts.

I believe I have a case of breech of implied contract. I was asked to move in 2003 to assume a guaranteed position of district Manager for liberty TX. Last week my boss walked into my office to inform me that he was downsizing the district and the plans did not include me.

While you were guaranteed a position in the company, there doesn't seem to be any verbal or oral contract that would assume that you would have indefinite employment. When your company guaranteed you the position of district manager, he/she didn't tell you the length of time that you could hold that position. The court would not assume that because you agreed to relocate to assume a promised position, that you had an implied contract stating that you would have the position indefinitely. Generally, all it would take to dispute your claim is that the employer would deny the promise of continued employment was part of the offer.

Can I sue a friend in a civil suit for money owed to me even though there is nothing in writing? Is this considered an implied contract? I live in Virginia.

In Virginia, the statute of limitations for an oral contract is 3 years from the time the breach of contract took place. To learn more about Virginia's statutes on this topic, go here: http://law.findlaw.com/state-laws/civil-statute-of-limitations/virginia/

Your situation appears to be more of an oral contract than an implied contract. If your friend owes you less than $5000, you could take her to small claims court for the money. This link will give you a better understanding of the small claims procedures: http://www.courts.state.va.us/resources/small claims court prcedures.pdf

If your friend owes you more than $5000, you will need to go to the regular court and sue for the amount owed to you. However, if you are prepared to waive any amount over $5000, you could keep the case in small claims. If you would like a list of collections lawyers listed by location, follow this link: http://lawyers.findlaw.com/lawyer/practicestate/Collections/Virginia many of these lawyers will offer free consultations.

I had an implied contract with a sub-contractor. We agreed that he would hold all checks until money was in the account to clear the checks. He now wants payment on all checks being held and said we would no longer be doing business together. What can I do?

When a person writes a check, that check can be cashed at any point in time regardless of any agreement that was made. The issue that you will face is proving that you had an implied contract with the sub-contractor and a stipulation in the implied contract was that he/she was to wait until there was clearance by you before they cashed any check. However, if you have an actual contract that states how payments are to be made or handled, the court will not acknowledge an implied contract. Regardless of a contract, the sub-contractor would be within their rights to cash any check that has been written.

I had an implied contract with my church to develope a website for the church. The chairman agreed to pay $3400 for the work done. I have billed the church monthly for over a year now. What can I do? I live in DC.

At this point, you would need to file a claim against the church in small claims court. In DC, a person is allowed to sue up to an amount of $5000 in small claims. Here is the link to DC small claims: http://www.dccourts.gov/dccourts/superior/civil/small_claims.jsp

When filing the claim, your argument will be that you had an implied contract with the church and you were relying on this agreement while performing the task for the church. You should be entitled to the full amount agreed upon due to the churches acceptance and current use of the work. Once the church showed their acceptance of your work, they could not back out on the implied contract. You have a very good chance of winning your case based off the information you have provided.

An implied contract is usually an assumption between two parties that a mutual agreement has been reached. Although not written, an implied contract holds as much legal merit as a written contract. There are many forms of implied contracts. One example would be a doctor/patient relationship. The patient expects to be treated by a doctor for a reasonable fee, while the doctor expects the patient to pay for the services of the doctor. This is a form of an implied contract. If you have questions or doubts regarding implied contracts, you should always consult with an Expert.

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Experience:  JD, BBA Over 25 years legal and business experience.
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Recent Implied Contract Questions

  • having trouble with a medical bill for surgery feb 2012. I

    having trouble with a medical bill for surgery feb 2012. I did sign permission to due the procedure but did not sign where you agree to any and all expenses. the first part talks about the hospital vs. contracted doctors with the bill. the doctors being separate`from each other. the form with that info said that the following doctors may send their own bill: 1pathology,2 radiation, hospitalist and anesthesiologists, no mention of the surgeon. so I thought they were part of the hospital bill. I quickly learned I was wrong. this is important because I am a disabled vet and the v.a. would be paying. and, in fact they did pay the hospital, $50,000 +. now this doctor is saying that I wasn't "covered". I tried to appeal and got another denial. I called the va to ask why. they said the doctor needed to file on medicare approved forms and they needed a complete itemized bill with medical codes. something the doctor had to do. they refused to try a second appeal and instead, 13 months later I received a warrant in debt. I have proof the hospital was paid as well as pathology and the hospitalists group were paid as well. so they knew how to file for compensation and were pid in about 90 days. the va said they would entertain a new appeal even though we are 18 months past the cutoff. there are also violation of federal laws. my question has much more information, but I hope this paints a picture. my question. WHAT NOW??
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