The legal definition of tacit agreement refers to an agreement that is implied or inferred based on the actions, behavior, or circumstances of those involved. In other words, the agreement is not explicitly stated or written out but is understood to exist based on the surrounding factors.
The concept of tacit agreement is often used in contract law, which governs the formation and enforcement of contracts between parties. In a legal sense, a tacit agreement can be just as binding as a written agreement, provided that the necessary elements of a contract are present.
To establish a tacit agreement, certain conditions must be met. First, there must be a mutual understanding between the parties involved that an agreement exists. This understanding can be inferred from the behavior of the parties or the circumstances surrounding their interactions. For example, if two parties consistently engage in a particular type of behavior, it may be inferred that they have an agreement to do so.
Second, the terms of the agreement must be sufficiently clear and specific. While a tacit agreement may not be explicitly written out, its terms must be clear enough to be enforceable. Otherwise, the agreement may be deemed too vague or uncertain to be legally binding.
Finally, there must be some form of consideration involved. This means that each party must receive some form of benefit or value as a result of the agreement. In contract law, consideration is often monetary in nature, but it can take other forms as well.
It`s worth noting that tacit agreements can be difficult to prove in court, as they often rely on implications and assumptions rather than explicit statements. However, if the necessary elements of a contract are present, a tacit agreement can be just as legally binding as a written agreement.
In conclusion, a tacit agreement is an agreement that is inferred from the actions, behavior, or circumstances of those involved. While it may not be explicitly stated or written out, it can still be legally binding if the necessary elements of a contract are present. If you`re unsure whether a tacit agreement exists in a given situation, it`s best to consult with a legal professional for guidance.