Good Faith In Contract Law
Description
How to fill out Complaint Regarding Breach Of Contract To Divide Estate Proceeds, Implied Contract, Good Faith And Fair Dealing, Promissory Estoppel, Emotional Distress?
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FAQ
Good faith has generally been defined as honesty in a person's conduct during the agreement. The obligation to perform in good faith exists even in contracts that expressly allow either party to terminate the contract for any reason. Fair dealing usually requires more than just honesty.
Through this principle, respect for fundamental rights and freedoms, justice, fairness, order, good faith, reasonableness and other values set out in the Constitution and arising from its substance can be introduced to economic relationships.
A statement of good faith implies the parties involved in a contract will avoid acting in a dishonest manner or do anything that will intentionally prevent the completion of a contract.
Courts also invoke good faith when officers rely on law that later changes. For example, if officers attach a GPS to a car without a warrant because existing law allows them to, but a later Supreme Court decision holds that warrants are required, evidence found pursuant to the GPS search will probably be admitted.
The Principle of Good Faith in Contract Law At a minimum, to be in good faith an actor must have acted in a way that she believed was proper, which is a subjective test.
