Legal Definitions - implied promise

An implied promise refers to a commitment or assurance that is not explicitly stated in words, either written or spoken, but is understood to exist based on the actions, conduct, circumstances, or the nature of a relationship between parties. It is a promise that the law or common understanding presumes to have been made, even if no one ever directly articulated it.

Here are some examples to illustrate the concept of an implied promise:

• Purchasing a Product: When you buy a new smartphone from a retailer, there is an implied promise that the phone will be free from defects and will function as advertised for its intended purpose. You don't typically sign a separate document where the retailer explicitly promises, "This phone will turn on and make calls." Instead, your act of purchasing and their act of selling create an understanding that the product is fit for its ordinary use. If the phone immediately fails to power on, the retailer has breached this implied promise, even without a verbal guarantee.

• Hiring a Professional: If you hire an electrician to rewire your home, there is an implied promise that the electrician will perform the work with reasonable skill and care, adhering to industry standards and safety regulations. You don't usually include a clause in your agreement stating, "The electrician promises not to cause a fire or electrocute anyone." This level of competence and safety is a fundamental expectation inherent in the professional service being offered. If the wiring is done negligently, causing a hazard, the electrician has violated this implied promise.

• Landlord-Tenant Relationship: When a landlord rents an apartment to a tenant, there is an implied promise (often referred to as an "implied warranty of habitability") that the property will be safe, clean, and fit for human habitation. The lease agreement might not explicitly state, "The landlord promises to provide working plumbing and heat." However, it is understood that the landlord will maintain essential services and ensure the premises are livable. If the heating system breaks down in winter and the landlord fails to repair it, they have breached this implied promise, as the apartment is no longer habitable.