Can an implied contract override the terms of an express agreement?
California, United States of America
The following excerpt is from Cairns v. Ventura Urgent Care Center Medical Corp. , 2d Civil No. B199116 (Cal. App. 3/24/2008), 2d Civil No. B199116 (Cal. App. 2008):
VUCC suggests that the parties implicitly agreed to extend this contract beyond the termination date. But an implied contract cannot override the terms of an express agreement between the parties. (Falkowski v. Imation Corp. (2005) 132 Cal.App.4th 499, 518.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for enforceability of a written contract where the contract states that the parties intended to enforce the terms? (California, United States of America)
When a guaranty agreement incorporates another contract, does the agreement need to be struck together? (California, United States of America)
Does the jury instructions that the trial court relied on in its tentative order and in its final order deny defendant's petition that the jury must find that the killing was committed with either express or implied malice or otherwise implied malice? (California, United States of America)
Can a plaintiff who signed an arbitration agreement not be bound by the terms of the agreement because she did not know what she was signing? (California, United States of America)
Is there any case law supporting a contracting officer's determination that the contracting officer has the authority to grant a contract to an architect? (California, United States of America)
What is the meaning of a paragraph in a commercial agreement that states that a contractual agreement does not stipulate that a contract does not contain the following items? (California, United States of America)
Does the Invention Agreement give a company a unilateral right to terminate or modify the terms of the agreement? (California, United States of America)
Is there any argument that the Lats have abandoned or waived any issue concerning the Court of Appeal's finding that they breached their contract by failing to comply with the terms of their contract? (California, United States of America)
Does a plea agreement requiring the parties to comply with changes in the law made retroactive to them violate the terms of their plea agreement? (California, United States of America)
Is a contract enforceable if the terms of the contract are not disclosed in writing? (California, United States of America)
