What is a breach of the implied covenant of good faith?
A breach of the implied covenant of good faith is a violation of contract law that occurs when one of the parties to a contract fails to act in an honest and fair manner. This is also known as the implied duty of good faith. In Arizona, an implied covenant of good faith exists in every contract. An implied covenant of good faith requires the parties to the contract to act in a manner that is consistent with the purpose of the contract, rather than acting in an dishonest or unfair manner. For example, if a person enters into a contract to purchase a product from a store, the store would be required to provide that product in a timely manner and at a fair price. If the store does not fulfill its obligations, a breach of the implied covenant of good faith would have occurred. Similarly, if a contract specifies a certain period of time for one of the parties to complete an action, a breach of the implied covenant of good faith would have occurred if the party failed to complete the action within the specified period of time. In Arizona, a breach of the implied covenant of good faith can give rise to a legal claim, allowing the non-breaching party to seek damages or other remedies from the breaching party. If the breach of the implied covenant of good faith is particularly egregious, the court may also award punitive damages, in addition to compensatory damages.
Related FAQs
What is a promissory estoppel?What is the principle of non-derogation of contracts?
What is a contingent contract?
What is the parol evidence rule and why is it important?
What is a contract of indemnity?
What is an anticipatory breach of contract?
What is a warranty of title?
What is a durable power of attorney?
What is a material breach of contract?
What is a rescission of a contract?
Related Blog Posts
What Every Business Should Know About Contract Law - July 31, 2023Understanding Contract Enforceability - Key Considerations - August 7, 2023
Drafting an Enforceable Contract: Best Practices - August 14, 2023
Creating an Effective Contract: Tips and Tools - August 21, 2023
Negotiation Strategies for Contract Law - August 28, 2023