Legal Definitions - implication

The term "implication" can refer to two distinct concepts in a legal context, and also has a specific variant, "necessary implication."

• Implication (Involvement)

  This refers to the act of suggesting or demonstrating that someone is connected to or involved in a particular event, action, or situation, often one that is negative, unlawful, or requires scrutiny.

  • Example 1: During a criminal investigation into a series of financial frauds, investigators discovered a pattern of large, unexplained cash deposits into an accountant's personal bank account, coinciding with the fraudulent transactions.

    Explanation: The discovery of these deposits creates an implication of the accountant's involvement in the financial fraud, suggesting a connection to the illicit activities even without direct testimony or a confession.

  • Example 2: A company's internal ethics committee found that a senior manager repeatedly hired unqualified relatives for high-paying positions within their department, bypassing standard hiring procedures.

    Explanation: This pattern of hiring practices carries an implication of nepotism and a breach of ethical conduct by the senior manager, suggesting their personal connections influenced professional decisions.

• Implication (Inference or Suggestion)

  This refers to a conclusion or understanding that is not directly stated but is strongly suggested or hinted at by what is said, done, or observed. It's an unstated meaning that can be reasonably inferred from the circumstances.

  • Example 1: A city council member, when asked about a controversial new zoning proposal, stated, "We are committed to ensuring that all future developments enhance the character of our historic neighborhoods, unlike some past projects."

    Explanation: The implication of the council member's statement is that some previous development projects did *not* enhance the character of historic neighborhoods, even though they didn't explicitly name or criticize specific projects.

  • Example 2: A landlord sent a tenant a notice stating that their lease would not be renewed at the end of the term, without providing a specific reason, shortly after the tenant had complained about several maintenance issues.

    Explanation: The implication is that the non-renewal of the lease is connected to the tenant's maintenance complaints, even though the landlord did not explicitly state this as the reason.

• Necessary Implication

  This is a specific type of implication that is so overwhelmingly probable or logically certain, based on the available facts or statements, that any other interpretation would be unreasonable, illogical, or impossible. It's a conclusion that is practically unavoidable.

  • Example 1: A will states that "all my real estate holdings shall pass to my eldest child, Sarah." The will does not explicitly mention who should pay the property taxes on these holdings after the testator's death.

    Explanation: The necessary implication is that Sarah, as the new owner of the real estate, will be responsible for paying the property taxes. To suggest the deceased or another party would pay taxes on property they no longer own would be unreasonable.

  • Example 2: A contract for the sale of a business includes a clause stating that the seller will provide all necessary training to the buyer's staff for three months post-sale. It does not explicitly state that the buyer will have access to the business premises during this training period.

    Explanation: The necessary implication is that the buyer and their staff must have access to the business premises to receive and conduct the training. Without such access, the training clause would be impossible to fulfill and therefore meaningless.