What is a breach of the implied covenant of good faith?

A breach of the implied covenant of good faith is a legal concept that refers to when one or more parties involved in a contract violate the trust that is expected of them. Under contract law in West Virginia, the implied covenant of good faith generally requires all parties to the contract to act in a manner that doesn’t harm the other parties or the contract’s purpose. A breach of the implied covenant of good faith can occur when a party to a contract excludes, withholds, or fails to provide certain information or actions that are necessary to the contract. This breach of the implied covenant of good faith can occur even when neither party has intentionally violated their agreement. For example, if one party to a contract fails to provide necessary materials or information required for the completion of the contract, or acts to prevent the contract’s purpose, it could be considered a breach of the implied covenant of good faith. Also, a breach of the implied covenant of good faith can occur if a party to a contract fails to act in a manner that is reasonable or necessary to the performance of the contract. This type of breach could occur if a party fails to respond in a timely manner to requests or notices, or fails to prevent acts that could harm the other party or the contract’s purpose. A breach of the implied covenant of good faith can result in both the breaching party and the non-breaching party experiencing damages or losses. The non-breaching party may be able to seek monetary damages for any losses or other legal remedies they may experience due to the breach.

Related FAQs

What is an indemnity clause?
What is frustration of purpose?
What is the common law?
What is the Statute of Frauds?
What is a declaratory judgment?
What is the standard of care in a contract?
What is an assignment of rights?
What is an executed contract?
What is the difference between an express and implied contract?
What is the parol evidence rule?

Related Blog Posts

What Every Business Should Know About Contract Law - July 31, 2023
Understanding 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