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Contracts

Sep. 21, 2004

Implied Covenant Arrives as Option in Business Litigation

The state Supreme Court in Jonathan Neil & Associates v. Jones, 33 Cal.4th 917 (2004), reaffirmed one of its prior rulings that "[e]very contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement. ... The precise nature and extent of the duty ... will depend on the contractual purposes."

Rex Heeseman

JAMS

555 W 5th St Fl 32
Los Angeles , CA 90013-1055

Phone: (213) 253-9772

Fax: (213) 620-0100

Email: rheeseman@jamsdar.com

Stanford Univ Law School

Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.

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