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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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Recent Implied Contract Questions

  • This concerns an implied contract for professional services

    This concerns an implied contract for professional services (medical) in Virginia. There were two transactions/procedures about a month apart. The first one failed. There was a delay before the second that prevented a good outcome. I paid in full for the first one, paid 50% of the second. I was sued in District court for the balance and lost (warrant for debt). Apparently I wasn't able to counterclaim without an appeal, which I did not pursue. I am considering filing a complaint in circuit court for breach of contract based on "time was of the essence", the delay causing the damages.

    Can I attach the delay to the first transaction since post-op services are bundled with the first transaction for at least 30 days? It should have been scheduled sooner being the claim, which occurred before the second transaction.

    Am I prevented from a "time of the essence" claim on the second transaction because of my lost in District court? (Res Judictata) Or because a warrant in debt is different from a contract breach it would be allowed.

    Negligent suit not an option.
  • socrateaser I dont know how familiar you are regarding

    socrateaser

    I don't know how familiar you are regarding California foreclosure cases. I may win the battle in the trial but no victory because here in California they limit damages to the equity on the property. The irony is all those property are under water so no equity. How can I work on my damages? I did spent improvements on the property... how will may IIED help me on this regard?
  • To Socrateaser Ok, so I represent myself in this civil case

    To Socrateaser

    Ok, so I represent myself in this civil case with 5 COA going for trial. 1-Violation of BP17200, 2-Violation of BP17500 3- Breach of implied contract or promissory estoppel 4-Wrongful foreclosure 5- IIED

    a) please give a check list what to do /submit before trial - deadlines of submissions
    b) I will be my sole witness, how will I do that?
    c) what about jury instructions - what are those - any sources of references

    how is that for now
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