Contractual Obligation or Not, Good Faith Inherent in Special Projects, Relationships.

   In some Jurisdictions, Courts make Good Faith and Fair Dealing an implied covenant.  Others make Good Faith a contractual provision every bit as much as if the parties had written it into their Contracts.  Whether or not Good Faith and Fair Dealing is a contractual obligation, it is a standard for behavior in every special project, every special relationship.  It abides.

   This morning I came across for the first time the following expression of Good Faith.  The author of these quoted words captured the concept of Good Faith in them:

Whether or not a guarantee of quality is a contractual obligation, it's implicit in the project itself.  Google has, justifiably, described its book-scanning program as a public good.  But as Pamela Samuelson, a director of the Center for Law & Technology at the University of California at Berkeley, has said, every great public good implies a great public trust.

Geoffrey Nunberg, "Google's Book Search:  A Disaster for Scholars" (The Chronicle of Higher Education, published online August 31, 2009).  [Emphasis added.]

   I have read again the words which I have italicized above in this quotation, and I have read them again, and again.  This is well said, and it is a good description of the concept of Good Faith and Fair Dealing.  Good Faith is a concept that exists regardless and almost independently of Insurance Claims and Insurance Policies in particular cases.  Instead, Good Faith and Fair Dealing can be found in many special places.  Or, perhaps, ought to be.

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Comments

[dennis Gambill, consultant]

three key words..."ought to be".