Tacit agreement
Tacit agreement: An agreement shown by the parties' conduct rather than by words. In contract law, it is called an implied-in-fact contract: for example, a patient who asks a doctor for treatment impliedly agrees to pay for it. It is enforceable like an express contract if the conduct shows mutual assent.
What tacit agreement means
In practice, you will see tacit agreement in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.
Where tacit agreement comes up
The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.
Read the source: Silent acquiescence.
How to research the term
Start with the primary source. For example, if tacit agreement appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read tacit agreement in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.
You can read the current federal court rules online for free.
Related legal terms
- Surety: a person who promises to answer for another person's debt or obligation if that person does not perform.
- Suretyship: the legal relationship created when a surety agrees to be responsible for another person's obligation to a creditor.
- Surplusage canon: the canon that a statute should be read so that, if possible, "no clause, sentence, or word shall be superfluous, void, or insignificant" (TRW Inc. v. Andrews, 534 U.S. 19, 31 (2001)). It is also called the rule against surplusage.
- Sustained: the judge's ruling agreeing with an objection. When an objection to a question is sustained, the witness does not answer it; when an objection to evidence is sustained, the evidence is excluded or, if already heard, may be stricken.
Why precise terms matter
Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.