Seidenberg v. Summit Bank

Seidenberg v. Summit Bank - 3. to permit inquiry into a...

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Contracts 11/17 Implied Obligation of Good Faith – Performance Pretext Seidenberg v. Summit Bank, 2002 Facts : Plaintiffs had corporations that sold health insurance benefit plans to employers. They sold out to Summit Bank and became executives for Summit’s new businesses. Issue : Holding : Rule : Class Notes : Applied in 3 different ways 1. implied terms 2. performance pretext – to allow redress for bad faith performance of an agreement even when the defendant has not breached any express term.
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Unformatted text preview: 3. to permit inquiry into a partys exercise of discretion expressly granted by a contracts terms 2-103(b) good faith means honesty in fact and commercial reasonableness . Roy Notes : You can violate obligation of good faith even if you perform every part of the contract. Good faith is an excluder it excludes bad faith and whats left over is good faith. Here, implied obligation of good faith even when there is equal bargaining power....
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