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In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to ...
Greater difficulties arise where the director, while acting in good faith, is serving a purpose that is not regarded by the law as proper. The seminal authority in relation to what amounts to a proper purpose is the Privy Council decision of Howard Smith Ltd v. Ampol Ltd. [9] The case concerned the power of the directors to issue new shares. [10]
Promissory estoppel 1; Quantum meruit 1; Unjust enrichment; Restitution; Negotiorum gestio 2; Duties of parties; Duty of honest contractual performance (or doctrine of abuse of rights) 6; Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith) 7. Contract A and Contract B in Canadian contract ...
In Canada, the Supreme Court of Canada has recognised that good faith contractual performance is a general organising principle of the common law.This duty applies to all contracts, requiring parties to act honestly in the performance of their obligations, and therefore would operate to determine whether activation of a termination for convenience clause had been done in good faith.
The Worker Adjustment and Retraining Notification Act of 1988 (the "WARN Act") is a U.S. labor law that protects employees, their families, and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of planned closings and mass layoffs of employees. [1]
Some scholars viewed DOMA as a violation of the Full Faith and Credit Clause. [20] [21] Other legal scholars disagreed. [22] [23] Ultimately, the U.S. Supreme Court in United States v. Windsor struck down DOMA as a violation of the Constitution's Equal Protection Clause and did not address the Full Faith and Credit Clause in its decision. [24]
Promissory estoppel 1; Quantum meruit 1; Unjust enrichment; Restitution; Negotiorum gestio 2; Duties of parties; Duty of honest contractual performance (or doctrine of abuse of rights) 6; Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith) 7. Contract A and Contract B in Canadian contract ...
Promissory estoppel 1; Quantum meruit 1; Unjust enrichment; Restitution; Negotiorum gestio 2; Duties of parties; Duty of honest contractual performance (or doctrine of abuse of rights) 6; Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith) 7. Contract A and Contract B in Canadian contract ...