Express & Implied Contracts - KOTA Territory News

Express & Implied Contracts

Gary Jensen
Beardsley, Jensen and Von Wald

There are different kinds of contracts.

There are express contracts, for example, when contract terms are "expressed" by the parties.  There are implied contracts where the contract term(s) are not expressed by the parties, but "implied" given the circumstances.

Can you have both at the same time – a contract that has both express and implied terms?   

Here's one of the legal standards applicable on this issue:    

When there is a valid express contract existing between parties in relation to a transaction fully fixing the right of each, there is no room for an implied promise, or suit on quantum meruit.

This principle was recently applied by the South Dakota Supreme Court when it concluded that the written contract and amendments between the parties – an express contract – addressed all issues so there could be no implied contract.

For more on this issue, you can read The Surgical Institute of South Dakota, P.C. v. Sorrell, M.D., 2012 S.D. 48.

E-mail Gary is intended as general information on legal issues affecting us all.  This information should not be relied upon in any particular case and should never be used in lieu of consulting with an attorney.

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