§ 9-2-7.Implied promise to pay for services or property
Chapter 2. Actions Generally · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-2-7
Plain-English Summary
Not every obligation to pay comes from a signed contract. This section codifies a rule of fairness: when one person renders a service or hands over property that has value, and another person accepts it, the law fills the gap and implies a promise to pay what it’s reasonably worth.
Think of a contractor who finishes work beyond the scope of a written contract with the homeowner’s knowledge and acceptance, or a supplier who delivers goods a buyer keeps and uses without ever signing a purchase order. Neither situation requires an express agreement to pay — acceptance of the benefit does the work an express promise would otherwise do.
The section carves out one exception worth noting: this presumption does not usually arise between close relatives. Family members who help each other out — a parent housing an adult child, or siblings pitching in on a project — aren’t automatically on the hook for the reasonable value of that help, because courts recognize that families often act out of generosity rather than expectation of payment.
Frequently Asked Questions
If I do work for someone without a written contract, can I still get paid?
Often, yes. The section implies a promise to pay the reasonable value of services or property when the other person accepts something valuable that you provided.
Does this rule apply to transferring property as well as performing services?
Yes. The text covers both — rendering a service and transferring property — as long as what was provided was valuable and the other party accepted it.
Why doesn’t this presumption usually apply between family members?
The section states that the presumption does not usually arise between close relatives, reflecting the idea that help among family is often given without an expectation of payment.
What has to happen for the implied promise to arise?
Someone has to render a service or transfer property that is valuable to another, and the other person has to accept it — acceptance of the benefit is what triggers the implied promise to pay.
How much does the recipient have to pay under this section?
The reasonable value of what was rendered or transferred — the section does not tie payment to a set price, only to what the service or property was reasonably worth.
Amendment History
Civil Code 1895, § 4936; Civil Code 1910, § 5513; Code 1933, § 3-107.