But all contracts impose a duty of good faith performance on the exercise of this discretion. For example, §1-304 of the Uniform Commercial Code is entitled, ...

Craig R. Tractenberg of Fox Rothschild writes: The implied covenant of good faith and fair dealing is a departure from traditional contract law. The cases are challenging to both win and defend ...

Acting in good faith does not—indeed cannot— require 100-percent compliance with all legal duties. The issue for courts to consider is not whether a party does or does not have discretion.

Although a duty of good faith may be implied into certain “relational” contracts – this is relatively rare, and an implied duty must not conflict with express contractual terms.

It was recognised by the English courts in a decision in 2013 that, in certain categories of long-term contract the Court may be more willing to imply a duty to co-operate, or a "duty of good ...

The Duty of Good Faith in Mediation Proceedings. In their Mediation column, David C. Singer and Cecilie Howard of Dorsey & Whitney discuss the basic indicia of good faith that are easy to identify ...

A federal appeals court on Monday issued a straightforward ruling rejecting a former student's lawsuit accusing Southern Methodist University of breaching its obligation to treat him fairly. While the ...

Insurance companies owe a duty of good faith and fair dealing with policyholders. Unfortunately, some carriers are notorious for using unfair, manipulative and deceptive practices to delay, deny ...

[Virtually one year ago on January 12, 2015, I posted the following here about the President's duty to take care that laws be faithfully executed. With yesterday's cert grant in U.S. v. Texas on ...

I admit initially to being ambivalent about the constitutionality of President Obama's executive actions on immigration. Just ask my students. As I ...