Practice point: All contracts imply a covenant of good faith and fair dealing in the course of performance.
Students should note that, pursuant to this covenant, neither party shall do anything which destroys the other party's right to the fruits of its contract.
Case: Forman v. Guardian Life Ins. Co. of Am., NY Slip Op 06606 (1st Dept. 2010)
Here is the decision.
Tomorrow's issue: Motion practice.
