implied-in-law condition
implied-in-law condition, defined:
a condition that, though not expressly stated in the terms of the contract, is imposed after-the-fact by the court. An implied-in-law condition is intended to bring about justice and is imposed when a literal interpretation of the contract would create an injustice.
implied-in-law condition, as it might be used:
The trial court held that the plaintiff's policies created a implied-in-law condition to performance for the defendant.
An example of implied-in-law condition:
Fergus contracts to provide consulting services for a flat fee of $1000.00. After Fergus performs the services, the other party attempts to pay with 1000 Canadian dollars. Both Fergus and the client live in Florida, but the written agreement does not specifically state a type of currency. Fergus files suit, asking the judge to impose a implied-in-law condition on their agreement and to order the client to pay in American dollars even though the contract did not specify it.
implied-in-law condition may also be referred to as:
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Clear-Point Law Dictionary
