Legal Definitions - implied

Implied refers to something that is understood or suggested indirectly, rather than being stated explicitly or written down. In legal contexts, an implied term, agreement, or condition arises from the actions, conduct, or surrounding circumstances of the parties involved, leading to a reasonable inference of its existence. It is not directly expressed but is recognized by law as existing through logical deduction.

Here are some examples illustrating the concept of "implied":

• Implied Contract: Imagine you walk into a barber shop, sit down in the chair, and the barber begins to cut your hair. You haven't verbally agreed on a price, nor have you signed a contract. However, by sitting in the chair and allowing the barber to proceed, you have *impliedly* agreed to pay for the haircut, and the barber has *impliedly* agreed to provide the service. Your actions, not explicit words, create this understanding.

• Implied Warranty: When you buy a brand-new refrigerator from an appliance store, there is an *implied warranty of merchantability*. This means the law assumes the refrigerator is fit for its ordinary purpose – to keep food cold – and will function properly for a reasonable period. Even if the sales agreement doesn't explicitly state this, if the refrigerator fails to cool food after only a few days, you would likely have a legal claim based on this implied warranty.

• Implied Consent: Consider a situation where you are driving on a public road. By obtaining a driver's license and operating a vehicle, you have *impliedly* consented to certain things, such as a breathalyzer test if a police officer has reasonable suspicion of impaired driving. You didn't sign a specific document agreeing to this test at that moment, but your actions of driving on public roads carry this implied consent.