implied covenant


implied covenant
A covenant in law; a covenant which may reasonably be inferred from the whole agreement and the circumstances attending its execution. 20 Am J2d Cov § 12. Such a covenant as the law will imply from the making of a lease or from the use of certain words in the lease; a covenant of quiet enjoyment free from any interference with the lessee's occupation of the premises by the lessor and a covenant of good title and right to make the lease on the part of the lessor. 32 Am J1st L & T § 143. The theory of estoppel by deed under which an after-acquired title passes to the grantee.23 Am J2d Deeds § 294. The theory upon which a dedication occurs from the sale of land with reference to a map or plat. 23 Am J2d Ded § 25.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • implied covenant — agreement which is understood without being explicitly stated …   English contemporary dictionary

  • implied covenant of good faith and fair dealing — An implied obligation that assumes that the parties to a contract will act in good faith and deal fairly with one another without breaking their word, using shifty means to avoid obligations, or denying what the other party obviously understood.… …   Law dictionary

  • Implied covenant of good faith and fair dealing — The Implied covenant of good faith and fair dealing is a general assumption of the law of contracts, that people will act in good faith and deal fairly without breaking their word, using shifty means to avoid obligations, or denying what the… …   Wikipedia

  • implied covenant of good faith and fair dealing —    A general assumption of the law of contracts that a person will act in good faith and deal fairly without breaking her or his word, attempting to avoid obligations, or denying that which was clearly understood. A lawsuit based on the breach of …   Business law dictionary

  • implied — im·plied /im plīd/ adj: not directly or specifically made known (as in the terms of a contract); specif: recognized (as by a court) as existing by reason of an inference and esp. on legal or equitable grounds for breach of implied covenants in… …   Law dictionary

  • covenant — /kavanant/ An agreement, convention, or promise of two or more parties, by deed in writing, signed, and delivered, by which either of the parties pledges himself to the other that something is either done, or shall be done, or shall not be done,… …   Black's law dictionary

  • covenant — /kavanant/ An agreement, convention, or promise of two or more parties, by deed in writing, signed, and delivered, by which either of the parties pledges himself to the other that something is either done, or shall be done, or shall not be done,… …   Black's law dictionary

  • covenant of quiet enjoyment — A title covenant, an assurance that the grantee shall have legal, quiet, and peaceful possession. 20 Am J2d Cov § 97; an express or implied covenant in a lease that the lessee shall not be evicted or disturbed in his possession of the demised… …   Ballentine's law dictionary

  • covenant in law — A covenant which the law implies or intends from the nature of the transaction, although it is not expressed by words in the instrument which contains it. It is a rule that such a covenant is operative only when the parties have omitted to insert …   Ballentine's law dictionary

  • implied covenants — express or implied covenants The former being those which are created by the express words of the parties to the deed declaratory of their intention, while implied covenants are those which are inferred by the law from certain words in a deed… …   Black's law dictionary


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