Allgemein
In everyday life, we often make agreements without even realizing it. This is called an implied agreement, also known as a tacit agreement or a silent agreement. An implied agreement is created by a mutual understanding between two or more parties without an explicit agreement in writing or in spoken words.
There are many ways in which an implied agreement can be created. For instance, it can be created by the actions of the parties involved. When two people engage in a conversation and one of them asks a question, the other person`s response is often taken as an agreement to take certain actions. For example, if someone asks, „Can you pick up my mail while I`m away?“ and the other person responds with „Sure,“ then an implied agreement has been created that the person will pick up the mail.
In other cases, an implied agreement can be created through past behavior or established customs. For example, if you order food at a restaurant, it is generally implied that you will pay for it. This is because it is an established custom that customers pay for their orders. Similarly, when you accept a job offer, it is implied that you will fulfill the duties of the job in exchange for the offered salary.
An implied agreement can also be created by the circumstances of a situation. This is often the case in business relationships, where the parties involved work together towards a common goal. For example, when a company hires a vendor to supply materials for a project, it is implied that the vendor will provide the materials by a certain deadline and the company will pay for them. This agreement is established by the circumstances of the project and the parties’ mutual understanding of the expectations and roles involved.
Despite the informal nature of implied agreements, they can be legally binding and enforceable under certain circumstances. However, it is important to note that proving the existence of an implied agreement can be difficult, as it relies on the parties’ actions and understanding rather than written or spoken words.
In conclusion, an implied agreement is created by mutual understanding and circumstances, and it is a common occurrence in many aspects of daily life. Being aware of the implications of an implied agreement can help prevent misunderstandings and ensure that both parties are on the same page in any given situation.