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implied actual knowledge See actual knowledge (2).

implied admission An admission reasonably inferable from a party's action or statement, or a party's failure to act or speak. Also termed tacit admission.

implied admission- See ADMISSION (1).

implied agency An actual agency arising from the conduct by the principal that implies an intention to create an agency relationship. Cf. express agency.

implied agency- See AGENCY (1).

implied amnesty Amnesty indirectly resulting from a peace treaty executed between contending parties.

implied amnesty- See AMNESTY.

implied assent Assent inferred from one's conduct rather than from direct expression.

implied assent- See ASSENT.

implied assumption The imposition of personal liability on a land purchaser who buys subject to a mortgage and who deducts the mortgage amount from the purchase price, so that the purchaser is treated as having assumed the debt.

implied assumption- See ASSUMPTION.

implied assumption of the risk An assumption based on the plaintiff's conduct that seems to consent to relieve another of liability for negligence. For this defense to apply, the plaintiffs conduct must suggest (1) open consent to the risk, (2) voluntary participation in the activity, and (3) full understanding of the danger. See VOLENTI NON FIT INJURIA.

implied assumption of the risk- See ASSUMPTION OF THE RISK.

implied authority Authority intentionally given by the principal to the agent as a result of the principal's conduct, such as the principal's earlier acquiescence to the agent's actions. - Also termed presumptive authority.

implied authority- See AUTHORITY (1).

implied bias Prejudice that is inferred from the experiences or relationships of a judge, juror, witness, or other person. Also termed presumed bias. Cf. actual bias.

implied bias- See BIAS.

implied coercion See UNDUE INFLUENCE (1).

implied coercion- See UNDUE INFLUENCE (1).

implied color 1. A defendant's tacit admission of a plaintiff's prima facie case by failing to deny it. 2. An apparent ground of action that arises from the nature of the defense, as when the defense consists of a confession and avoidance in which the defendant admits the facts but denies their legal sufficiency . This is a quality inherent in all pleadings in confession and avoidance.

implied color- See COLOR.

implied condition A condition that is not expressly mentioned, but is imputed by law from the nature of the transaction or the conduct of the parties to have been tacitly understood between them as a part of the agreement. See constructive condition; implied-in-fact condition.

implied condition- See CONDITION (2).

implied confession A confession in which the person does not plead guilty but invokes the mercy of the court and asks for a light sentence.

implied confession- See CONFESSION.

implied consent 1. Consent inferred from one's conduct rather than from one's direct expression. Also termed implied permission. 2. Consent imputed as a result of circumstances that arise, as when a surgeon removing a gall bladder discovers and removes colon cancer.

implied consent- See CONSENT (1).

implied consideration Consideration that is inferred by law from the parties' actions.

implied consideration- See CONSIDERATION (1).

implied contract 1. An implied-in-Iaw contract. 2. An implied-in-fact contract. Cf. express contract.

implied contract- See CONTRACT.

implied contractual indemnity See INDEMNITY.

implied contractual indemnity- Indemnity that is not expressly provided for by an indemnity clause in an agreement but is nevertheless determined to be reasonably intended by the parties, based on equitable considerations. Also termed equitable indemnity.

implied covenant A covenant that can be inferred from the whole agreement and the conduct of the parties. Also termed covenant in law. See implied term under TERM (2). Cf. express covenant.

implied covenant- See COVENANT (1).

implied covenant of good faith and fair dealing See COVENANT (1).

implied covenant of good faith andfair dealing- An implied covenant to cooperate with the other party to an agreement so that both parties may obtain the full benefits of the agreement; an implied covenant to refrain from any act that would injure a contracting party's right to receive the benefit of the contract. Breach of this covenant is often termed bad faith. See BAD FAITH (2).

implied crime See constructive crime.

implied crime- See constructive crime under CRIME.

implied dedication A dedication presumed by reasonable inference from the owner's conduct.

implied dedication- See DEDICATION.

implied duty of cooperation A duty existing in every contract, obligating each party to cooperate with, or at least not to wrongfully hinder, the other party's performance. Breach of this implied duty excuses performance.

implied duty of cooperation- See DUTY (1).

implied easement An easement created by law after an owner of two parcels ofland uses one parcel to benefit the other to such a degree that, upon the sale of the benefited parcel, the purchaser could reasonably expect the use to be included in the sale. Also termed easement by implication, way ofnecessity.

implied easement- See EASEMENT.

implied in fact adj. Inferable from the facts of the case.

implied in law Imposed by operation of law and not because of any inferences that can be drawn from the facts of the case.

implied indemnity Indemnity arising from equitable considerations and based on the parties' relationship, as when a guarantor pays a debt to a creditor that the principal debtor should have paid. Also termed equitable indemnity.

implied indemnity- See INDEMNITY.

implied intent A persons state of mind that can be inferred from speech or conduct, or from language used in an instrument to which the person is a party.

implied intent See INTENT (1).

implied license See LICENSE.

implied license by acquiescence See LICENSE.

implied license by conduct See LICENSE.

implied license by equitable estoppel See LICENSE.

implied license by legal estoppel See LICENSE.

implied malice See MALICE.

implied negative covenant A covenant binding a grantor not to permit use of any reserved right in a manner that might destroy the benefits that would otherwise inure to the grantee.

implied negative covenant- See COVENANT (1).

implied notice See NOTICE.

implied obligation See obediential obligation under OBLIGATION.

implied obligation See obediential obligation.

implied partnership See partnership by estoppel.

implied partnership See partnership by estoppel under PARTNERSHIP.

implied permission 1. Permission that is inferred from words or actions. 2. See implied consent under CONSENT. 3. Conduct that justifies others in belieVing that the possessor of property is willing to have them enter if they want to do so. Cf. INVITATION.

implied permission See PERMISSION.

implied power A political power that is not enumerated but that nonetheless exists because it is needed to carry out an express power.

implied power See POWER (3).

implied promise A promise created by law to render a person liable on a contract so as to avoid fraud or unjust enrichment. Also termed fictitious promise. "Under some circumstances the promise inferred is called an implied promise and in others it is referred to as a constructive promise. But whichever conclUSion is reached, the result is the same. In other words an implied promise and a constructive promise are not treated differently. The theoretical difference between the two is that a promise implied from the conduct of the parties arises by construction of law, only when justice requires it under the circumstances." John D, Calamari &Joseph M. Perillo, The Law of Contraas § 4-12, at 234-35 (3d ed. 1987).

implied promise See PROMISE.

implied reciprocal covenant A presumption that a promisee has, in return for a promise made respecting land, impliedly made a promise to the promisor respecting other land. Also termed implied reciprocal servitude.

implied reciprocal covenant- See COVENANT (4).

implied reciprocal servitude See implied reciprocal covenant under COVENANT (4).

implied repeal Repeal by irreconcilable conflict between an old law or main motion and a more recent law or motion. Also termed repeal by implication.

implied repeal- See REPEAL.

implied reservation See RESERVATION.

implied reservation An implied easement that reserves in a landowner an easement across a portion of sold land, such as a right-of-way over land lying between the seller s home and the only exit. An implied reservation arises only if the seller could have expressly reserved an easement, but for some reason failed to do so. See implied easement under EASEMENT. "If the implied easement is in favor of the conveyee and is appurtenant to the tract conveyed, it is called an implied grant; if the implied easement is in favor of the conveyor and is appurtenant to the tract retained, it is called an implied reservation." Ralph E. Boyer et aI., The Law of Property 311 (4th ed. 1991). 2. The establishment ofa limiting condition or qualification; esp., a nation formal declaration, upon signing or ratifying a treaty, that its willingness to become a party to the treaty is conditioned on the modification or amendment of one or more provisions of the treaty as applied in its relations with other parties to the treaty. 3. A tract of public land that is not open to settlers but is set aside for a special purpose; esp., a tract of land set aside for use by indigenous peoples. - Also termed (in sense 3) reserve; reserved land; withdrawn land.

implied term- See TERM (2).

implied trust 1. See constructive trust under TRUST. 2. See resulting trust under TRUST.

implied waiver- See WAIVER (1).

implied warranty- See WARRANTY (2).

implied warranty of fitness for a particular purpose See WARRANTY (2).

implied warranty of habitability See WARRANTY (2).

implied warranty of merchantability See WARRANTY (2).

implied-in fact condition A contractual condition that the parties have implicitly agreed to by their conductor by the nature of the transaction. Cf. constructive condition.

implied-in-fact condition See CONDITION (2).

implied-in-fact contract A contract that the parties presumably intended as their tacit understanding, as inferred from their conduct and other circumstances. - Also termed contract implied in fact.

implied-in-fact contract- See CONTRACT.

implied-in-Iaw condition See constructive condition under CONDITION (2).

implied-in-Iaw contract See CONTRACT.

implied-in-law condition See constructive condition.

implied-in-law contract An obligation created by law for the sake of justice; specif., an obligation imposed by law because of some special relationship between the parties or because one of them would otherwise be unjustly enriched. An implied-in-Iaw contract is not actually a contract, but instead is a remedy that allows the plaintiff to recover a benefit conferred on the defendant. - Also termed contract implied in law; quasi-contract; constructive contract. See UNJUST ENRICHMENT. "[A]dventurous courts have turned to the idea of a 'contract implied in law,' a 'quaSi-contract' not really a contract, a legal fiction necessary to promote the ends of justice and, in particular, to prevent 'unjust enrichment,''' Grant Gilmore, The Death of Contract 73-74 (1974). "Since. , . claims for the redress of unjust enrichment did not fit comfortably into either the category of contract or that of tort, they came to be described as claims in quasi·contract. Some of them were originally characterized as being in quantum meruit (as much as he deserved), a form of action used for claims to payment for services. This procedural term has persisted and is sometimes used inexactly as a synonym for the more general term quasicontract, which refers to any money claim for the redress of unjust enrichment," E, Allan Farnsworth, Contracts § 2,20, at 103 (2d ed. 1990),

implied-license doctrine 1. The principle that a person's specific conduct may be tantamount to a grant of permission to do something. 2. The principle that in some specified circumstances a statute can be construed as supplying a necessary authority by operation of law.

implied-reservation-of-water doctrine A legal doctrine permitting the federal government to use and control, for public purposes, water appurtenant to federal lands. See EMINENT DOMAIN.

imply 1. To express or involve indirectly; to suggest <the opinion implies that the court has adopted a stricter standard for upholding punitivedamages awards>. Cf. INFER. 2. (Of a court) to impute or impose on equitable or legal grounds <the court implied a contract between the parties>. 3. To read into (a document) <citing grounds of fairness, the court implied a condition that the parties had not expressed>. See implied term under TERM (2). implication, n. "Anglo-American judges, who continually evaluate facts, often use the phrase by implication (= by what is implied, though not formally expressed, by natural inference), along with its various cognates. Judges (by implication) draw 'natural inferences' and thereby decide that something or other was, in the circumstances, 'implied. Through the process of hypallage a semantic shift by which the attributes of the true subject are transferred to another subject the word imply has come to be used in reference to what the judges do, as opposed to the circumstances. This specialized use of imply runs counter to popular lay use and is not adequately treated in English-language dictionaries. 'The lawyer's imply has directly encroached on the word infer. Whereas nonlawyers frequently use inferfor imply, lawyers and judges conflate the two in the opposite direction, by using imply for infer. In analyzing the facts of a case, judges will imp/yone fact from certain others. (From is a telling preposition.) Nonlawyers believe they must be inferring an additional fact from those already known; if contractual terms are implied, they must surely be implied by the words or circumstances of the contract and not by the judges." Bryan A. Garner, A Dictionary of Modern Legal Usage 423, 424 (2d ed. 1995).

import 1. A product brought into a country from a foreign country where it originated <imports declined in the third quarter>. See PARALLEL IMPORTS. 2. The process of bringing foreign goods into a country <the import of products affects the domestic economy in significant ways>. Cf. EXPORT (1), (2). 3. The meaning; esp., the implied meaning <the court must decide the import of that obscure provision>. 4. Importance; significance <time will tell the relative import of Judge Posner's decisions in American law>.

import duty A tax on the importation of a product. Also termed duty on import.

import duty- See DUTY (4).

import letter of credit See LETTER OF CREDIT.

import quota See QUOTA.