implied


implied
This word is used in law in contrast to "express"; i.e., where the intention in regard to the subjectmatter is not manifested by explicit and direct words, but is gathered by implication or necessary deduction from the circumstances, the general language, or the conduct of the parties. Term differs from "inferred" to the extent that the hearer or reader "infers" while the writer or speaker "implies".
See also implied abrogation
- use
@ implied assertions
Statements which, while not expressed, may be deduced from what is written or spoken
@ implied authority
In law of agency, power given by principal to agent which necessarily follows from the express authority given though such power is not expressly asserted. The power of an agent to act on behalf of his principal which is inferred from the responsibilities imposed on the agent or necessary to carry out an agent's express authority. Actual authority may be either express or implied, "implied authority" being that which is necessary, usual and proper to accomplish or perform the main authority expressly delegated to an agent. Clark v. Gneiting, 95 Idaho 10, 501 P.2d 278, 280
+ implied authority
Actual authority circumstantially proved. That which the principal intends his agent to possess, and which is implied from the principal's conduct. It includes only such acts as are incident and necessary to the exercise of the authority expressly granted.
@
@ implied intent
Intent which necessarily arises from language used in an instrument or from conduct of parties
@ implied promise
Fiction which the law creates to render one liable on contract theory so as to avoid fraud or unjust enrichment.
@ implied reservation
Type of easement created by grantor for benefit of land retained by him and not included in conveyance. Wolek v. Di Feo, 60 N.J.Super. 324, 159 A.2d 127
@ implied reservation of water doctrine
When Federal Government withdraws its land from public domain and reserves it for a federal purpose, the government, by implication, reserves appurtenant water then unappropriated to the extent needed to accomplish the purpose of the reservation. However, it reserves only that amount of water necessary to fulfill the purpose of the reservation, and no more. Cappaert v. U. S., 426 U.S. 128, 96 S.Ct. 2062, 2071, 48 L.Ed.2d 523
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Black's law dictionary. . 1990.

Look at other dictionaries:

  • implied — im·plied /im plīd/ adj: not directly or specifically made known (as in the terms of a contract); specif: recognized (as by a court) as existing by reason of an inference and esp. on legal or equitable grounds for breach of implied covenants in… …   Law dictionary

  • implied — im‧plied [ɪmˈplaɪd] adjective not stated openly, but understood to exist or to be true: • Disney argued that it had an oral contract and an implied license to use the Muppet characters. * * * implied UK US /ɪmˈplaɪd/ adjective [usually before… …   Financial and business terms

  • Implied — Im*plied , a. Virtually involved or included; involved in substance; inferential; tacitly conceded; the correlative of express, or expressed. See {Imply}. [1913 Webster] …   The Collaborative International Dictionary of English

  • implied — [adj] hinted at adumbrated, alluded to, allusive, connoted, constructive, figured, foreshadowed, hidden, implicit, indicated, indicative, indirect, inferential, inferred, inherent, insinuated, intended, involved, latent, lurking, meant, occult,… …   New thesaurus

  • implied — [im plīd′] adj. involved, suggested, or understood without being openly or directly expressed …   English World dictionary

  • implied — This word is used in law in contrast to express ; i.e., where the intention in regard to the subjectmatter is not manifested by explicit and direct words, but is gathered by implication or necessary deduction from the circumstances, the general… …   Black's law dictionary

  • Implied — Imply Im*ply , v. t. [imp. & p. p. {Implied}; p. pr. & vb. n. {Implying}.] [From the same source as employ. See {Employ}, {Ply}, and cf. {Implicate}, {Apply}.] 1. To infold or involve; to wrap up. [Obs.] His head in curls implied. Chapman. [1913… …   The Collaborative International Dictionary of English

  • implied — impliedly /im pluy id lee/, adv. /im pluyd /, adj. involved, indicated, or suggested without being directly or explicitly stated; tacitly understood: an implied rebuke; an implied compliment. [1520 30; IMPLY + ED2] * * * …   Universalium

  • implied — adj. Implied is used with these nouns: ↑consent, ↑criticism, ↑message, ↑rebuke, ↑term, ↑threat …   Collocations dictionary

  • implied — /ɪmˈplaɪd/ (say im pluyd) adjective involved, indicated, or suggested by implying; tacitly understood: an implied rebuke …   Australian English dictionary