Topic
Good Faith
188 published works
ContractsProf Blog
Delaware Contemplates Allowing Discretion Unfettered by Good Faith
I admit that my first inclination when someone shares a case from Delaware state courts with me is to wince. They tend to be important. They tend to be long.…
Bright Law Blog
Case note: claims handling breaches penalty
In Australian Securities and Investments Commission v Hollard Insurance Partners Limited [2026] FCA 1487, the Federal Court of Australia ordered Hollard to pay a $2 million penalty after Hollard admitted…
ContractsProf Blog
New and Noteworthy from SSRN
Tomer Stein Epistemology at the Marketplace Abstract People acquire knowledge from others, but the epistemic impact of the laws governing marketplace transactions is not directly studied. This Article groups together…
Zalma on Insurance
The Exhaustion Of Underlying Insurance Is Not Necessary For An Actual Controversy To Exist Regarding Coverage Under An Excess Insurance Policy
By Barry Zalma
Declaratory Relief Was Neither Unnecessary Nor Improper Under The Circumstances Post 5423 In Fox Paine & Company, LLC, et al. v. Twin City Fire Insurance Company et al., S287404, Supreme…
Commercial Case Notes
Failure to Exercise Best Efforts Constitutes Breach of Covenant of Good Faith and Fair Dealing
By John Lundin
On May 20, 2026, the Second Department issued a decision in GPB Capital Holdings, LLC v. Dibre, 2026 NY Slip Op. 03150, holding that the failure to exercise best efforts…
Wills, Trusts & Estates Prof Blog
Article: Good Faith as Integrity: Good Faith and the Nature of Voluntary Obligation
Paul B. Miller (Notre Dame Law School) recently published, Good Faith as Integrity: Good Faith and the Nature of Voluntary Obligation, 2026. Provided below is an Abstract: Good faith is…
Commercial Case Notes
Covenant of Good Faith and Fair Dealing Does Not Require Notice of Termination of Employment Contract
By John Lundin
On January 9, 2026, Justice Masley of the New York County Commercial Division issued a decision in Botbol v. Frosch Intl. Travel, Inc., 2026 NY Slip Op. 30091(U), holding that…
Commercial Case Notes
Claim for Breach of Duty of Good Faith and Fair Dealing Based on Same Facts and Damages as Contract Claim Fails
By John Lundin
On January 27, 2026, the First Department issued a decision in Carbon Direct Fund II Blocker I LLC v. LanzaTech Global, Inc., 2026 NY Slip Op. 00311, holding that a…
Avoiding Insurance Bad Faith
From Dock to Doorstep: Exploring Good and Bad Faith Across Land and Sea
Insurance law is, at its core, a law of relationships. Whether land-based or maritime, every policy rests on an expectation of honesty, transparency, and fairness. Yet the way the law…
delaJusticia.com
La buena fe se presume, pero no por mucho presumir se excluye la culpabilidad
By JR Chaves
De las primeras cosas que se aprenden en derecho es que “la ignorancia de la ley no excusa de su cumplimiento”. Entre las segundas el que la buena fe puede…