Implied Conditions

In one sentence

Conditions that courts infer must be met even though the parties did not state them.

Plain English

Implied conditions are requirements that the law or common sense says must be satisfied, even if the parties never mentioned them. For example, if you hire a contractor to build a deck, there is an implied condition that the contractor will use reasonable skill and care, even if the contract does not say so. Courts add these conditions to protect fairness and fulfill what the parties likely intended.

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Example

A restaurant hires a chef to prepare meals. Although the contract does not explicitly state it, there is an implied condition that the chef will use fresh, safe ingredients and follow basic food safety rules.

Used in a sentence

“An implied condition of the lease was that the landlord would maintain the building in a habitable condition.”

Related terms

Condition

An event that must happen (or not happen) for a contract obligation to take effect.

Contract

A legally binding agreement between two or more parties to do or not do something.

Express Conditions

Conditions that the parties explicitly state in a contract.

Implied Covenant of Good Faith and Fair Dealing

An unwritten promise in every contract that parties will act honestly and fairly toward each other.

Implied Warranty of Merchantability

An automatic guarantee that goods sold by a merchant are fit for their ordinary purpose.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

Consideration

Something of value exchanged by each party to make a contract binding.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.