What is the legal difference between express and implied in a California business or real estate contract? Generally speaking, an “express” contract here in San Diego and throughout California is simply an agreement that is expressed in words – written or oral. Contracts are “implied” based upon the actions of the parties.
If you go to the dentist to have your teeth cleaned, the very fact that you submitted to the dentist’s care “implies” your agreement to pay for services received, even though you might not have specifically signed an agreement to do so.
The key to the legal difference between express and implied here is that one party becomes unjustly enriched by the actions or service of another. Implied agreements are often based on common sense to both parties involved – such as an employee should be physically dressed when you arrive for work. Their employment contract may not expressly say so, but it is an implied part of the employment agreement.
Express agreement should be memorialized in a written document, or contract. Express contracts provide clarity to the agreement between the parties. They anticipate potential bumps in the road, and the responsibilities of each party and even how disputes between them are to be resolved. An effectively constructed written business contract will successfully guide the transaction between the parties from start to finish.
Written contracts leave far less room for misunderstanding, dispute and ultimately litigation. The practical and monetary impact of the legal difference between express and implied will often occur in front of a Judge with the meter running (read: expensive).
If you are concerned with the legal difference between express and implied agreements in California law it is common sense that you are either a student, or you are a business person who should be speaking with an attorney. If you are the latter, We invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today
