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Jul 3, 2023

Tacit Agreement Contract Law

Tacit agreement in contract law refers to an implied or silent understanding between parties to a contract. Although not explicitly stated in the written agreement, a tacit agreement can be established through the actions, behavior, or circumstances of the parties involved.

In essence, a tacit agreement means that the parties to a contract have agreed to certain terms and conditions without expressly negotiating them. This often occurs when the parties have a long-standing relationship or have previously engaged in similar transactions.

For example, if a business has been purchasing goods from a supplier for several years and has always paid within 30 days of receipt of the goods, it can be assumed that this payment term is part of the tacit agreement between the parties, even if it is not explicitly stated in their written contract.

However, it is important to note that a tacit agreement is not always legally binding. In order for a tacit agreement to be enforceable, it must meet certain requirements.

Firstly, the existence of a tacit agreement must be established beyond any reasonable doubt. This can be done by demonstrating that both parties understood and acted in a way that implied an agreement existed. Secondly, the terms of the tacit agreement must be clear and unambiguous.

If these conditions are met, a tacit agreement can be considered a legally binding contract. However, if there is any ambiguity or uncertainty regarding the terms of the tacit agreement, it may not hold up in court.

It is worth noting that tacit agreements can be particularly useful in situations where the parties are unable or unwilling to negotiate all aspects of a contract. By establishing a tacit agreement, the parties can avoid lengthy negotiations and focus on the core aspects of their business relationship.

In conclusion, a tacit agreement can be a valuable tool in contract law, allowing parties to establish terms and conditions without the need for extensive negotiations. However, it is important to ensure that any tacit agreement meets the legal requirements for contract enforceability. As always, seeking professional legal advice is recommended when entering into any contractual arrangement.

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