What is implied in a contract?
In Texas, implied in a contract is an interpretation of an agreement between two or more parties and the underlying assumptions that were not specifically stated. It can refer to the implied terms of a contract, such as a duty of good faith and fair dealing, which are not necessarily written in the contract but are implied. This can be understood to mean that although the contract may not explicitly state what is expected, there is an understanding of what is expected from each party and their duties to each other. In other words, although the parties may have not discussed a detail, they still had an understanding that it would be dealt with in the same manner as if it were written down. For example, implied in a contract might be an agreement between two parties that the goods will be of a certain quality, even if that quality was not specified in the contract. Additionally, the implied obligations in a contract can also refer to the Court’s interpretation of what is expected from the parties. Courts may decide that a term is implied in a contract when it would be “reasonable and equitable” to do so in order to form an effective agreement.
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