What is implied in a contract?

An implied contract is an agreement between two parties that has not been written or spoken, but is inferred from the conduct of the parties and the circumstances of the situation. This type of contract is sometimes called a quasi-contract or a constructive contract. In South Carolina, implied contracts are governed by common law, which is created and interpreted by court decisions. An implied contract in South Carolina is implied when the parties involved in a transaction have acted in such a way that an agreement can be reasonably inferred. It is also implied when the law implies a contract in order to protect the rights of parties in a business transaction. For example, a court may imply a contract when one party has performed services for another in expectation of being paid, even without an actual written agreement. Implied contracts may be binding, so it is important for people to understand their rights and obligations under this type of agreement. Both parties must have the capacity to enter into an agreement, meaning they are of legal age, are of sound mind, and are not under duress in order to be bound by an implied contract. Additionally, any promises made by one party must be reasonable and the services provided must be of value to the other party in order to be enforceable. Not all agreements will qualify as implied contracts in South Carolina. If a written document is signed, the terms of the document will usually govern the agreement. Therefore, it is always important to seek legal advice if there is an issue related to an implied contract in South Carolina.

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