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Implied

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IMPLIED It is not always convenient for contract ing parties to express clearly and fully the terms of the contract between them. In such cases the law has to step in, and by rules or principles of construction and interpretation declare from the situation of the parties what should, and what should not, be implied between them. These general rules, gradually evolved by impartial and experienced men—judges—are pre sumed to be known and understood by the contracting parties, and to be acquiesced in by each, and this pre sumption is not to be varied. These equitable terms which the law adds to the situation of the parties creates an "implied contract," defined by Blackstone as, one which reason and justice dictates, and which, therefore, the law presumes that every man undertakes to perform. (II B1. C 443.)

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