A tacit contract is a legally binding obligation arising from the acts, behaviours or circumstances of one or more parties in an agreement. It has the same legal force as an explicit contract, that is, a contract entered into and agreed upon by two or more parties, voluntarily or in writing. On the other hand, the tacit contract is accepted, but no written or oral confirmation is required. Treated, in the simplest definition, a promise enforceable by law. The promise could be to do something or to do nothing. The performance of the contract requires the mutual agreement of two or more people, one of whom usually makes an offer and the other accepts. If one party does not keep the promise, the other party is entitled to an appeal. Contract law deals with issues such as the existence of a contract, what it means, the non-breakage of a contract and compensation for the victim. For example, when a patient goes to a doctor`s appointment, their activity indicates that they intend to receive treatment in exchange for appropriate/fair fees. Similarly, through the patient, the doctor`s actions show that he intends to treat the patient in exchange for paying the bill. Therefore, it appears that there was indeed a contract between the physician and the patient, when no one was a speech of consent.
(Both agreed to the same essential conditions and acted in accordance with this agreement. There was mutual consideration.) In such a case, the Tribunal will likely find that the parties had (in fact) an unspoken contract. If the patient refuses to pay after the examination, he has violated the tacit contract. Another example of a tacit contract is the payment method called accredited. To establish the existence of a tacit contract, it is necessary to show a clear offer, clear acceptance, mutual intention to be bound and reflection. However, these elements can be established by the behaviour of the parties and not by explicit written or oral agreements. An unspoken contract is a form of tacit contract that is done by non-verbal and not by explicit words. The U.S. Supreme Court defined it as “an agreement that is effectively implied” as “based on an assembly of spirits that, although not enshrined in an explicit treaty, is derived from the conduct of the parties who, in the light of the circumstances, demonstrate tacit understanding.” [1] The rebirth and development of contract law has been part of the economic, political and intellectual renaissance of Western Europe.
