§ 1.7.7.2 IMPLIED CONTRACT.

• Jurisdiction: Arizona

§ 1.7.7.2 Implied Contract. The second common law path to indemnification is an implied contract for indemnity based on an equitable quasi-contract theory that is loosely applied "when there is an implied contract for indemnity or when justice demands there be the right."⁸⁵ This equitable concept of implied indemnity has no application where the parties have expressly agreed to indemnification by contract.⁸⁶ The distinction is important because, unlike what an express contract might allow, an implied or quasi contract right of...