Tacit agreement is a term used in the legal world to describe an agreement that is implied or understood without being explicitly stated. In other words, it is an agreement that is not written or spoken, but rather inferred from the actions or behavior of the parties involved.

The term „tacit agreement“ is commonly used in situations where there is no formal contract, but the parties involved behave in a way that suggests they have an agreement. For example, if two parties consistently conduct business in a certain way and never raise any objections, it may be implied that they have a tacit agreement.

Another example might be a situation where a landlord and tenant have an agreement in place, but it is not formalized in writing. If the tenant consistently pays rent on time and the landlord never raises any objections, this may be seen as a tacit agreement.

It is important to note that while tacit agreements are not formalized in writing or spoken, they can still be legally binding. In order to be legally binding, the agreement must meet certain criteria, such as the intent to create legal relations and the existence of consideration (i.e. something of value given by each party).

While tacit agreements can be useful in certain situations, it is generally recommended to have a formal contract in place to avoid any ambiguity or misunderstandings. This is especially true in business transactions, where the stakes are often high and the potential for conflict is greater.

In conclusion, a tacit agreement is an implied or understood agreement that is not explicitly stated in writing or spoken. While they can be legally binding, it is generally recommended to have a formal contract in place to avoid any confusion or disputes. As with any legal matter, it is always best to seek the advice of a qualified attorney to ensure that your rights are protected.