Implied Contract

An obligation to maintain relative balance in society. It is predicated upon a number of principles, two of which are:

1. Reasonable expectations derived from the circumstances, and
2. the principle that one may not greatly enrich him/herself at the expense of another. Thus, while the offer of a small gift implies no obligation to balance accounts, the offer of a great gift has attachments implied. To place an order for the delivery of a good or service implies a contract to pay for it, though the specific terms have not been expressed.

CONTROLLED MEANING: A contract not written or signed, but existing by tacit understanding of the parties, and reasonably inferred by their participation. Like any other contract, implied contracts, in order to be binding, must be entered into voluntarily.

ACTUAL USAGE: In today's system, the government assumes jurisdiction over people by simply declaring them under an implied contract to perform. Charges, by the state against a citizen, are based upon the assumption that the citizen is already under contract — and therefore he is considered bound until proven otherwise. Thus, the unwitting citizen doesn't know how to proceed in his own defense because he doesn't understand the charges.

State and Federal agencies, bureaus, and departments have drawn citizens into contracts to receive "benefits," "grants," and "protections." After a number of citizens willingly accept explicit contracts, the government just treats all the rest of the people as if they have also given their tacit approval through "implied acceptance." The implication is assumed through something as simple as voluntary participation on other levels — such as voting, or using public utilities. Thus, everyone is assumed to be in contract to the government, and thus under contract law "by implication" — with no consideration for individual rights.