Is breach of good faith a cause of action?

Every contract contains an implied covenant of good faith and fair dealing which prohibits any contracting party from injuring another party's right to receive the benefits of the agreement. Breach of this implied covenant creates a cause of action in contract.

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Complaint regarding Breach of Contract to Divide Estate Proceeds...

Queens New York Complaint regarding Breach of Contract to Divide Estate Proceeds, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress

Name: Queens New York Complaint regarding Breach of Contract to Divide Estate Proceeds, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress
Brand: US Legal Forms
Rating: 4.61 (492 reviews)

Category:

Probate - Estates

State:

Multi-State

County:

Queens

Control #:

US-CMP-10074

Format:

Instant download

Description

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.

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How to fill out Queens New York 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

The implied covenant of good faith and fair dealing is automatically included in every contract and cannot be waived by the parties.

An implied obligation that assumes that the parties to a contract will act in good faith and deal fairly with one another without breaking their word, using shifty means to avoid obligations, or denying what the other party obviously understood.

There are many types of damages for breach of contract that you may receive should a breach occur, these being meted out both to deter parties from breaking contracts and to compensate parties should a contract be broken. The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages.

In general, every contract contains an implied duty of good faith and fair dealing. This duty requires that neither party will do anything that will destroy or injure the right of the other party to receive the benefits of the contract.

One type of breach which the courts have recognized as being both a breach of contract and a tort is the breach of the implied duty of good faith and fair dealing.

Every contract contains an implied covenant of good faith and fair dealing which prohibits any contracting party from injuring another party's right to receive the benefits of the agreement. Breach of this implied covenant creates a cause of action in contract.

The covenant imposes an obligation on parties to act in good faith and deal fairly with other parties to the contract, even though this duty is not specifically stated in the agreement.

In every contract there is an implied covenant of good faith and fair dealing by each party not to do anything which will deprive the other parties of the benefits of the contract, and a breach of this covenant by failure to deal fairly or in good faith gives rise to an action for damages.

Traders & General Insur- ance Co.,20 the California Supreme Court recognized that breach of the implied covenant of good faith and fair dealing in insurance contracts could constitute a tort.

More info

Val Ricks, The Story of Contract Law: Implementing the Bargain, CALI eLangdell Press. The existence of a contractual duty of good faith; xi abuse of process in criminal proceedings; xii on comity between Australian intermediate.S.2 Sanctions against such practices are set out in the Consumer Protection from. We see in the courts. Limitations applicable to actions to recover land for defect in instrument. Finding the tern in the context of its use in a document online. • Law firm's glossary of legal terms on its website.

Queens New York Complaint regarding Breach of Contract to Divide Estate Proceeds, Implied Contract, Good Faith and Fair Dealing, Promissory Estoppel, Emotional Distress

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