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implied contract vs. implied in fact contract

German translation: auf einem gemeinschaftlichen Konsens basierender stillschweigender Vertrag


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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:implied contract vs. implied in fact contract
German translation:auf einem gemeinschaftlichen Konsens basierender stillschweigender Vertrag
Entered by: Kerstin Roland
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19:43 Mar 12, 2005
English to German translations [PRO]
Bus/Financial - Business/Commerce (general)
English term or phrase: implied contract vs. implied in fact contract
Implied contract is a "stillschweigend abgeschlossener Vertrag"; but how does it differ from an implied in fact contract?
Thank you!
Kerstin Roland
Local time: 14:35
auf einem gemeinschaftlichen Konsens basierender stillschweigender Vertrag
Explanation:
They don't differ from each other, an implied in fact contract is a species of an implied contract. An implied contract can either be implied in fact or implied in law.

A contract which is implied in fact is one in which the circumstances imply that parties have reached an agreement even though they have not done so expressly. For example, by going to a doctor for a physical, a patient agrees that he will pay a fair price for the service. If he refuses to pay after being examined, he has breached a contract implied in fact.

A contract which is implied in law is an obligation that is not created by a contract but that is imposed by law to prevent the unjust enrichment of one party from the acts of another. A contract which is implied in law is also called a quasi-contract, because it is not in fact a contract; rather, it is a means for the courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other. For example, an unconscious patient treated by a doctor at the scene of an accident has not agreed (either expressly or by implication) to pay the doctor for emergency services, but the patient would be unjustly enriched by the doctor's services were the patient not required to compensate the doctor.

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Note added at 8 hrs 31 mins (2005-03-13 04:15:13 GMT)
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implied in fact contract=auf einem gemeinschaftlichen Konsens basierend

implied in law contract=auf Gesetzesregelungen basierend
Selected response from:

@caduceus
United States
Local time: 12:35
Grading comment
Vielen herzlichen Dank für die Erklärung!
4 KudoZ points were awarded for this answer



Summary of answers provided
4auf einem gemeinschaftlichen Konsens basierender stillschweigender Vertrag@caduceus
Summary of reference entries provided
Implied in fact versus unjust enrichmentsuire

Discussion entries: 4





  

Answers


8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
implied in fact contract
auf einem gemeinschaftlichen Konsens basierender stillschweigender Vertrag


Explanation:
They don't differ from each other, an implied in fact contract is a species of an implied contract. An implied contract can either be implied in fact or implied in law.

A contract which is implied in fact is one in which the circumstances imply that parties have reached an agreement even though they have not done so expressly. For example, by going to a doctor for a physical, a patient agrees that he will pay a fair price for the service. If he refuses to pay after being examined, he has breached a contract implied in fact.

A contract which is implied in law is an obligation that is not created by a contract but that is imposed by law to prevent the unjust enrichment of one party from the acts of another. A contract which is implied in law is also called a quasi-contract, because it is not in fact a contract; rather, it is a means for the courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other. For example, an unconscious patient treated by a doctor at the scene of an accident has not agreed (either expressly or by implication) to pay the doctor for emergency services, but the patient would be unjustly enriched by the doctor's services were the patient not required to compensate the doctor.

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Note added at 8 hrs 31 mins (2005-03-13 04:15:13 GMT)
--------------------------------------------------

implied in fact contract=auf einem gemeinschaftlichen Konsens basierend

implied in law contract=auf Gesetzesregelungen basierend

@caduceus
United States
Local time: 12:35
Native speaker of: Native in GermanGerman
PRO pts in category: 30
Grading comment
Vielen herzlichen Dank für die Erklärung!
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Reference comments


1344 days
Reference: Implied in fact versus unjust enrichment

Reference information:
a good description of what the difference is.


    Reference: http://www.nosle.com/loc/gth/nsl_rss.jsp?href=t&a2=122681228...
suire
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