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Claims for Breach of Implied Covenant of Good Faith and Fair Dealing: Viability Typically Depends on Success of Breach of Contract Claim
In many insurance coverage disputes, an insured that brings a claim for breach of the insurance contract also claims breach of the implied covenant of good faith and fair dealing. The carrier then must determine how to successfully defend both claims. The strategy employed in defending those claims must take into consideration the nuances of a claim for breach of the implied covenant of good faith and fair dealing. In most jurisdictions, the best strategy may be to focus on defeating the contract claim, because the dismissal of the contract claim typically extinguishes any claim of breach of the implied covenant of good faith and fair dealing.
Implied Covenant of Good Faith and Fair Dealing
It is well settled in a majority of states that every contract contains an implied covenant of good faith and fair dealing. See, e.g., P.T. & L. Contracting Corp. v. Trataros Constr., Inc., 816 N.Y.S.2d 508 (N.Y. App. Div. 2006); Wolf v. Superior Court, 130 Cal.Rptr.2d 860, 864 (Cal. Ct. App. 2003); Southern Internet Systems, Inc. ex rel. Menotte v. Pritula, 856 So.2d 1125, 1127 (Fla. Dist. Ct. App. 2003); In re Marriage of Carrier, 773 N.E.2d 657, 663 (Ill. App. Ct. 2002); Wade v. Kessler Institute, 798 A.2d 1251, 1259 (N.J. 2002). This implied duty is best understood not as an independent term of a contract, but as a doctrine that coexists to compensate an injured party for a breach of the express terms of a contract.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.