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Simple English definitions for legal terms

implied covenant of good faith and fair dealing

Read a random definition: disceptatio causae

A quick definition of implied covenant of good faith and fair dealing:

The implied covenant of good faith and fair dealing is a rule that says everyone in a contract has to do what they agreed to do and not try to cheat the other person. This rule applies to all contracts, even if it's not written down. It's hard to understand because it depends on the situation, but basically, it means being fair and not trying to trick someone. For example, if a famous athlete agrees to let only one company use their picture on products, the company has to actually make and sell those products so the athlete can make money. This rule is important because it helps make sure people keep their promises and don't try to take advantage of others.

A more thorough explanation:

The implied covenant of good faith and fair dealing is a rule that requires all parties in a contract to act in good faith and not use means to undermine the purpose of the transaction. This rule applies to the performance of a contract and is automatically included in any contract without being stated. However, it does not apply to the negotiation of the contract.

For example, if a famous athlete signs a contract with a company allowing only that company to use their image on products in exchange for a part of the profits, the company must make and sell those products even if the contract does not explicitly say so. This is because the athlete only makes a profit if products are sold, which implies that the company must make and sell the items.

The key part of this rule is fairness, and it can be difficult to determine whether a party is attempting to avoid performance or if there was a misunderstanding. Courts must analyze each case to determine whether a party has breached the implied covenant of good faith and fair dealing.

implied contract | implied easement by necessity

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ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
soapy
8:48
UMN under review! As predicted, decisions are gonna come out early December
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