As soon as a tacit agreement has been reached, it is a legally binding agreement. It can be violated like any other contract. The consequences of the offence depend on the nature of the injury. Where an explicit contract is entered into with the parties, which clearly indicates their desire to be bound by the contract, the unspoken contracts are deemed to be made up by assessing the actions of the parties without regard to their intention. An explicit contract is a type of contract by which the parties explicitly define the terms of their legally binding agreement and express their intention to be bound by the terms of the contract. An explicit contract is an exchange of promises to which the terms to which the parties attach themselves are explained orally or in writing at the time of their initiation, or a combination of the two. If statements are made during negotiations but are not effectively considered as explicit contractual terms, it is also appropriate to consider whether such statements are inaccurate (see practical note: pre-contract statements and declarations) or accompanying contracts (see practical reference: interpretation of the contract – when is a declaration a representation or a contractual clause? – Can a contractual clause be imposed as a contract? For example, if you bought a car and signed a sales contract, you expressed your agreement to purchase a car by signing the contract. Whether orally orally, the contract must express a mutual intention to be bound in an understandable sense and to include a certain offer, unconditional acceptance and consideration. The law of unspoken contracts defines these situations. They prevent the exploitation of non-expressly contractual trade agreements. If there is an explicit contract, there must be no other tacit contract covering the same situation, since the law does not allow for the explicit contractual terms. Believe it or not, explicit and implied terms are the terms of an explicit contract. If an explicit contract can be entered into in writing or orally, a tacit contract is entered into without a written document.
Imagine, for example, that you have commissioned a contractor to renovate your kitchen by signing a written and explicit contract.