This form is a Complaint. The plaintiff requests relief from the court alleging that defendant was responsible for breach of contract and the implied covenant of good faith and fair dealing. Plaintiff requests that the defendant pay punitive damages and reasonable attorneys' fees.
South Carolina Complaint regarding Breach of Contract to Divide Estate Proceeds, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress
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A claim for the breach of the implied covenant of good faith and fair dealing is subject to a two-year statute of limitations. (§ 339(1).)
A claim for the breach of the implied covenant of good faith and fair dealing is subject to a two-year statute of limitations. (§ 339(1).)
There is implied in every contract a covenant of good faith and fair dealing. 2' This covenant basically requires each contracting party to refrain from doing anything that would prevent the other party from receiving the benefit of the bargain. The breach of this obligation differs from a breach of contract.
Examples include lost profits, the value of lost time, and damage to reputation.) Because the covenant of good faith is a contract term (even if implied), recovery in cases where the covenant has been breached is usually limited to contract remedies.
Examples of a breach of contract include the following: A party communicates his or her intent to not comply with the contract. A party refuses to perform his or her obligations under the contract. A party violates a material term of the contract.
Typically, courts find that a party breaches this rule when they act in ways that obviously undermine the benefits to the other party from the contract or if one party attempts to sabotage another in performing their end of the agreement.