Are there any remedies for a breach of the duty of good faith and fair dealing?
Yes, there are a variety of remedies available for a breach of the duty of good faith and fair dealing in Oregon. It is important to remember that the duty of good faith and fair dealing is an implied covenant of every contract and requires that all parties act honestly, fairly, and in accordance with the law. When a breach of the duty of good faith and fair dealing is alleged, the court may consider a variety of legal remedies including damages and restitution. Damages are a monetary award to the aggrieved party to compensate them for the losses or damages they have suffered due to the breach. Restitution is an award of money or other property to restore the aggrieved party to the position they would have been in if the breach had not occurred. Oregon also allows for equitable remedies, such as specific performance, when the breach of the duty of good faith and fair dealing is substantial. Specific performance is an equitable remedy where the court orders the breaching party to take certain actions to fulfill their contractual obligations. Finally, Oregon law also recognizes the doctrine of promissory estoppel, which allows an aggrieved party to recover damages from the breaching party if they relied on the other’s promises and the breaching party should have reasonably expected the aggrieved party to rely on their promises. In summary, for a breach of the duty of good faith and fair dealing in Oregon, a court may consider a variety of remedies including damages, restitution, specific performance, and promissory estoppel.
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