The Interplay Between Claims of Good Faith and Fair Dealing and Breach of Contract

New York Law Journal

Lara A. Flath Judith (Judy) A. Flumenbaum

Partner Lara Flath and associate Judy Flumenbaum explore New York courts’ treatment of the tension between a “good faith limitation on the exercise of a contract right” and “using the implied covenant of good faith to create new duties that negate explicit rights under a contract,” as well as the degree to which courts have permitted good faith and fair dealing claims independent of breach of contract claims.