Implied Contract Sample Clauses

Implied Contract. [2] Plaintiff next contends that there was sufficient evidence that plaintiff and MAO entered into an enforceable contract implied in fact. “‘A “contract implied in fact,”. . . arises where the intention of the parties is not expressed, but an agreement in fact, creating an obligation is implied or presumed from their acts[.]’” Xxxxxx x. Xxxxxxx, 300 N.C. 204, 217, 266 S.E.2d 593, 602 (1980) (citation omitted). With regard to contracts implied in fact, however, “one looks not to some express agreement, but to the actions of the parties showing an implied offer and acceptance.” Id. at 218, 266 S.E.2d at 602. On appeal, plaintiff points to testimony regarding actions taken by MAO in preparation for the national finals as evidence of a contract implied in fact. The evidence showed that in preparation for the Miss America Pageant, MAO sent crews to compile an up-close and personal video of each contestant and further took pictures of each contestant for booklets to be published. However, the testimony further showed that MAO took such actions in preparing other contestants for the national finals, but never took any action in regard to the preparation of plaintiff. In fact there is no evidence at all of any actions which would constitute an implied offer from MAO, and therefore this assignment of error is overruled.
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Implied Contract. Implied contracts are formed on the basis of implied promises on the part of parties. When the proposal or acceptance is made otherwise than in words, the contract formed is called implied contract. Thus in implied contract, making an offer and giving acceptance to it is manifested by the act on the part of party. For example, X gets into a public bus, and then he enters into an implied contract with the authorities of the bus that he wishes to travel in the bus.

Related to Implied Contract

  • No Implied Contract It is hereby understood and agreed between the parties hereto that no implied Contract of any kind whatsoever, by, or on behalf, of the Minister shall arise or be implied from anything contained in this Contract, or from any position or situation of the parties at any time, and that this Contract made by the Minister is, and shall be, the only Contract upon which any rights against the Minister are to be founded.

  • Sub-Contract The contractor shall not subcontract any or all of the supply without written consent of the purchaser. The contractor shall solely be responsible to the Purchaser for all the supply including that of the sub-contractor, if allowed by the purchaser

  • Project contract 1. For each approved project a project contract shall be concluded between the Programme Operator and the Project Promoter.

  • Assumed Contracts The term "Assumed Contracts" shall have the meaning set forth in Section 2.1(e).

  • Continuing Contract 10.3.3.1 The second contract for a regular faculty member is the continuing contract for continuing employment. A continuing contract will not be offered to any faculty member who is not deemed to have a Master's degree or equivalent in accordance with the agreed criteria. Those faculty members having a continuing appointment as of August 1975 will not be affected by this clause.

  • Negotiated Contract This Contract has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this Contract within the meaning of California Civil Code Section 1654. Each party hereby represents and warrants that in executing this Contract it does so with full knowledge of the rights and duties it may have with respect to the other. Each party also represents and warrants that it has received independent legal advice from its attorney with respect to the matters set forth in this Contract and the rights and duties arising out of this Contract, or that such party willingly foregoes any such consultation.

  • Extended Contract Teachers whose regularly assigned service is required beyond 196 days will be paid at the rate of 1/196 of their annual contracted salary for each day of service. The principal/immediate supervisor may recommend a supplemental contract for the number of days for which their services are required.

  • WHOLE CONTRACT This Contract constitutes the complete and exclusive statement of the Contract between the parties relevant to the purpose described herein and supersedes all prior agreements or proposals, oral or written, and all other communication between the parties relating to the subject matter of this Contract.

  • Service Contract The Parties intend this Agreement to be a "service contract" within the meaning of Section 7701(e)(3) of the Internal Revenue Code of 1986.

  • Third Party Contracts From the Effective Date through and including the Closing Date, Seller agrees to enter into only those third-party contracts which are necessary to carry out its obligations under Section 5.2, which shall be on market terms and cancellable on thirty (30) days written notice or less, without payment of any fee or penalty. Copies of all such contracts so entered into by Seller shall be promptly provided by Seller to Purchaser.

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