Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Implied
adj. Not directly expressed; recognized by law as existing inferentially < implied agreement. See IMPLY (1)..Cf. EXPRESS.
Implied assent
assent inferred from one's conduct rather than from direct expression. Mutual assent see mutual assent.
Implied assumption
the imposition of personal liability on a land purchaser who buys subject to a mortgage and who deducts the mortgage amount from the purchase price, so that the purchaser is treated as having assumed the debt.
Implied authority
Authority given to the agent as a result of the principal's conduct, such as the principal's earlier acquiescence to the agent's actions. - also termed presumptive authority.
condition implied by law
See constructive condition.
condition implied in law
See constructive con. dition under CONDITION (2). conditioning the market See GUN-JUMPING.
contract implied in fact
See implied-infact contract.
contract implied in law
See implied-in-law contract under CONTRACT.
estate on condition implied
See ESTATE.
implied acceptance
An acceptance implied by a drawee whose actions indicate an intention to comply with the request of the drawer; conduct by the drawee from which the holder is justified in concluding that the drawee intends to accept the instrument. special acceptance. An acceptance that departs from either the terms of a bill or t li:terms added to but not otherwise expressed in a bill. 9 An example is an acceptance of ., draft as payable in a particular place even though the draft contains no such limitation trade acceptance. A bill of exchange for th;~ amount of a specific purchase, drawn on and accepted by the buyer for payment at a spec fied time.
implied acquittal
See ACQUITTAL.
implied actual knowledge
See actual knowledge (2).
implied admission
An admission reasonably inferable from a party's action or statement, or a party's failure to act or speak. -Also termed tacit admission.
implied agency
See AGENCY (1).
implied amnesty
amnesty indirectly resulting from a peace treaty executed between contending parties.
implied assent
See ASSENT.
implied assertion
See assertive conduct under CONDUCT.
implied assumption
See ASSUMPTION.
implied authority
See AUTHORITY (1)
implied color
An apparent ground of action that arises from the nature of the defense, as when the defense consists of a confession and avoidance in which the defendant admits the facts but denies their legal sufficiency. 0 This is a quality inherent in all pleadings in confession and avoidance.
implied condition
A condition that is not expressly mentioned, but is imputed by law from the nature of the transaction or the conduct of the parties to have been tacitly understood between them as a part of the agreement.
implied condition.
See CONDITION (2).
implied confession
A confession in which the person does not plead guilty but invokes the mercy of the court and asks for a light sentence.
implied consent
Consent inferred from one's conduct rather than from one's direct expression.
implied consideration
See CONSIDERATION,
implied contract
1 An implied-in-law contract. 2. An implied-in-fact contract. Cf express contract.
implied contract.
See CONTRACT.
implied covenant
A covenant that can be inferred from the whole agreement and the conduct of the parties. - Also termed covenant in law. Cf. express covenant.
implied covenant of good faith and fair dealing
See COVENANT (1).
implied dedication
A dedication presumed by reasonable inference from the owner's conduct.
implied duty of cooperation
A duty existing in every contract, obligating each party to cooperate with, or at least not to wrongfully hinder, the other party's performance. Breach of this implied duty excuses performance.
implied duty of cooperation.
See DUTY (1)
implied easement
An easement created by law after an owner of two parcels of land uses one parcel to benefit the other to such a degree that, upon the sale of the benefited parcel, the purchaser could reasonably expect the use to be included in the sale. - Also termed easement by implication.
implied in fact,
adj. Inferable from the facts of the case.
implied in law
n. Imposed by operation of law and not because of any inferences that can be drawn from the facts of the case.
implied intent
See INTENT (1).
implied intent.
A person's state of mind that can be inferred from speech or conduct, or from language used in an instrument to which the person is a party.
implied malice
Malice inferred from a person's conduct. - Also termed constructive malice; legal malice; malice in law. Cf. actual malice (1). malice in fact. See actual malice.
implied negative covenant
A covenant binding a grantor not to permit use of any reserved right in a manner that might destroy the benefits that would otherwise inure to the grantee.
implied notice
See NOTICE.
implied partnership
See partnership by estoppel.
implied power
A political power that is not enumerated but that nonetheless exists because it is needed to carry out an express power.
implied promise
See PROMISE.
implied reciprocal covenant
A presumption that a promisee has, in return for a promise made respecting land, impliedly made a promise to the promisor respecting other land. - Also termed implied reciprocal servitude.
implied reciprocal servitude
See implied reciprocal covenant under COVENANT implied repeal . See REPEAL.
implied repeal
Repeal effected by irreconcilable conflict between an old law and a new law. - Also termed repeal by implication.
implied reservation
See RESERVATION.
implied term
A provision not expressly agreed to by the parties but instead read into the contract by a court as being implicit. ( An implied term should not, in theory, contradict the contract's express terms.
implied trust
See constructive trust.
implied waiver
A waiver evidenced by a party's decisive, unequivocal conduct reasonably inferring the intent to waive. "An implied waiver may arise where a person has pursued such a course of conduct as,( evidence an intention to waive a right, or where his conduct is inconsistent with any other intention than to waive it. Waiver may be inferred from conduct or acts putting one off his guard and leading him to believe that a right has been waived. Mere silence, however, is no waiver unless there is an obligation to speak." 28 Am. Jur. 2d Estoppel and Waiver ยง 160, at 845-46 (1966).