Implied Agreement

A contract is not implied if it results in injustice or prejudice. In the absence of doubts and discrepancies in the minds of the parties, the court cannot conclude a contractual relationship. If, at the end of a contract, the parties continue to work on its terms, it follows that they were mutually bound to a new contract containing the same provisions as the old contract. A similar scenario occurred when an author claimed that the NBC show Ghost Hunters was using a script he had submitted without paying him for the work. The courts have ruled in his favor and found that there is an implied contract between a writer who deposits works in the expectation that they will be paid for their use and the studio that uses them. However, it may be more difficult to prove the existence and terms of a tacit contract in the event of a dispute. In some legal systems, real estate contracts do not have to be concluded on an implicit basis, so the transaction must be made in writing. In some legal systems, the use of a method that has not been expressly or implicitly approved by the supplier, even if it is faster, only results in a contract after receipt of acceptance. . .

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