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Tacit Agreement Definition

A tacit agreement definition refers to an agreement between two or more parties that is not expressed verbally or in writing. This type of agreement is often implied or inferred from the actions or behavior of the parties involved.

In business and legal settings, tacit agreements can have significant implications. For example, if two companies have an ongoing business relationship in which one regularly purchases goods or services from the other, a tacit agreement may arise that outlines the terms and conditions of the transaction.

While tacit agreements may not be explicitly agreed upon, they can still be legally binding. In order for a tacit agreement to be legally enforceable, it must still meet the basic requirements of a contract, such as a mutual understanding of the terms and conditions, and an intention to be bound by those terms.

One of the challenges of tacit agreements is that they can be difficult to prove in court. Without a written or verbal agreement, it may be hard to establish the specific terms and conditions that were agreed upon. However, if there is evidence of the parties’ actions or behavior that suggest an agreement was in place, this can help support the existence of a tacit agreement.

Some common examples of tacit agreements include:

– A landlord who accepts rent payments from a tenant each month without specifying a lease term or agreement.

– An employee who receives a raise or promotion without a formal offer letter or contract.

– A homeowner who hires a contractor to perform work on their property without a written contract or agreement.

In conclusion, a tacit agreement can be as legally binding as a written or verbal agreement. It is important to understand the implications of any agreement, whether it is tacit or explicit, and to seek legal advice when necessary to ensure that your rights and interests are protected.


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