What is an implied term in a contract?

An implied term in a contract refers to a provision that is not explicitly stated within the agreement but is assumed to be included based on the nature of the transaction, the surrounding circumstances, or legal requirements. Such terms are recognized to ensure fairness, reasonableness, and efficiency in the execution of the contract.

For example, in a tenancy agreement, it might be implied that the landlord will maintain the property to a habitable standard, even if such a term is not specifically included. Courts often look to statutory regulations or established practices within specific industries to determine what these implied terms might be.

Choosing an option that signifies an explicit term or one that relates to the cancellation of a contract would not fit the description of implied terms, as they do not account for terms understood by the parties or imposed by law. Similarly, terms affecting the capacity to contract do not pertain to the implied obligations and conditions that govern the execution of the contractual agreement itself. Thus, the understanding of implied terms is essential for recognizing the full scope of the rights and obligations that may exist in any given contract.