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It must be clear that the parties intended to establish a legal relationship and that the agreement disclosed by the evidence is consistent with what the party claiming the implied contract (i.e. the party complaining) says it was him. In such a situation, and without explicit agreement to the contrary, any person benefiting from an easement must participate in a manner not recommended for maintenance and repair costs. In most cases, the acceptance of the risk associated with the applicant`s conduct is implicit in the circumstances. The basis of the defence is not a treaty, but a consent and it is available in many cases where there is no explicit agreement. The essence of the treaty is the absolute minimum requirements for drawing up a contract, as the parties had in mind. .