Are there any remedies for a breach of the duty of good faith and fair dealing?
Yes, there are remedies for a breach of the duty of good faith and fair dealing in Kansas. In Kansas, this duty is impliedly imposed on all contracts, and when either party breaks the duty of good faith and fair dealing, the other party may seek legal action. The most common remedy for a breach of the duty of good faith and fair dealing is damages. Damages are compensation for a harmed party, such as the payment for any lost profits or expenses. Damages can also include the payment of attorney fees and court costs. Another remedy for a breach of the duty of good faith and fair dealing is injunction. An injunction is a form of court order requiring a party to perform or refrain from performing certain acts, such as preventing the breach of the duty of good faith and fair dealing. Finally, a remedy for a breach of the duty of good faith and fair dealing is arbitration. Arbitration is the process of submitting a dispute to a third party with the intention of reaching a resolution through negotiation. Arbitration is often less costly and quicker than filing a lawsuit. No matter what remedy is sought, individuals must remember that the court will ultimately decide what is fair and equitable. Although the remedies listed here may be available, it is important to seek legal advice and counsel in order to ensure that the best legal remedy can be sought.
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