3 Types of Contracts Every Writer Should Understand | Jane Friedman

Implied Contracts

Contracts that are not explicitly stated in words may be implied by conduct. For example, suppose that a writer submits a manuscript to a publisher, which publishes the manuscript but does not compensate the writer. Even though they did not sign a contract, there is an implied contract between them. The terms of that contract depend upon the relationship between the writer and the publisher.

If the facts indicate that the writer submitted the manuscript with no expectation of payment, then none would be due. On the other hand, if the writer has historically submitted manuscripts to this publisher and received payment from the publisher for publishing them, it is likely that the writer expected to receive compensation and that a promise by the publisher to pay would be implied. The implied terms of the contract would be legally enforceable. But absent a clear written agreement, the parties could be faced with lengthy and expensive litigation to determine the amount due and other issues.