implied covenant of good faith doctrine (California) · Go Syfert
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implied covenant of good faith doctrine in California

5 California opinions name it 1 courts 1977–2005 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Spindle v. Travelers Insurance Companiesgreen
calctapp · 1977 · cited in 2 California opinions naming this issue, 2002–2005
2 sentences

2005Companies (1977) 66 Cal.App.3d 951, 959 [ 136 Cal.Rptr. 404 ] [“the evolvement of the doctrine of the implied covenant of good faith and fair dealing is an expression of public policy in our state”].) The covenant is also extracontractual; it “is implied as a supplement to the express contractual covenants . . . .” (Waller v. Truck Ins.

2005Companies (1977) 66 Cal.App.3d 951, 959 [ 136 Cal.Rptr. 404 ] [“the evolvement of the doctrine of the implied covenant of good faith and fair dealing is an expression of public policy in our state”].) The covenant is also extracontractual; it “is implied as a supplement to the express contractual covenants . . . .” (Waller v. Truck Ins.

22
Waller v. Truck Insurance Exchange, Inc.green
cal · 1995 · cited in 1 California opinions naming this issue, 2005–2005
2 sentences

2005Exchange, Inc. (1995) 11 Cal.4th 1, 36 [ 44 Cal.Rptr.2d 370 , 900 P.2d 619 ].) Conditions implied by law are conditions imposed by law—state law; they are not negotiated by the contracting parties.

2005Exchange, Inc. (1995) 11 Cal.4th 1, 36 [ 44 Cal.Rptr.2d 370 , 900 P.2d 619 ].) Conditions implied by law are conditions imposed by law—state law; they are not negotiated by the contracting parties.

11
J'Aire Corp. v. Gregorygreen
cal · 1979 · cited in 1 California opinions naming this issue, 1983–1983
2 sentences

1983Our Supreme Court in J’Aire Corp. v. Gregory (1979) 24 Cal.3d 799, 804 [ 157 Cal.Rptr. 407 , 598 P.2d 60 ], said that where a special relationship exists between the parties, a plaintiff may recover for an economic loss caused by the negligent performance of a contract although plaintiff was not in contractual privity with the defendant.

1983Our Supreme Court in J’Aire Corp. v. Gregory (1979) 24 Cal.3d 799, 804 [ 157 Cal.Rptr. 407 , 598 P.2d 60 ], said that where a special relationship exists between the parties, a plaintiff may recover for an economic loss caused by the negligent performance of a contract although plaintiff was not in contractual privity with the defendant.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
E. F. Hutton & Co. v. City National Bank green
calctapp · 1983
2 sentences

1990Hutton & Co. v. City National Bank, supra, 149 Cal. App.3d at page 74 , footnote 12, the court recognizes the plaintiff may proceed against its bank under this theory. "[T]here is sufficient privity between the drawer and the collecting bank to find that the common law doctrine of implied covenant of good faith and fair dealing exists in the relationship between plaintiff Hutton and defendant City Bank." ( Ibid. ) I do not purport to assign any significance to these cases beyond this specific purpose. [2] Some courts discuss the duty of good faith and fair dealing in terms of the statutory dut

1990Hutton & Co. v. City National Bank, supra, 149 Cal. App.3d at page 74 , footnote 12, the court recognizes the plaintiff may proceed against its bank under this theory. "[T]here is sufficient privity between the drawer and the collecting bank to find that the common law doctrine of implied covenant of good faith and fair dealing exists in the relationship between plaintiff Hutton and defendant City Bank." ( Ibid. ) I do not purport to assign any significance to these cases beyond this specific purpose. [2] Some courts discuss the duty of good faith and fair dealing in terms of the statutory dut

11990–1990
Lawrence v. Farm Credit System Capital Corp. green
wyo · 1988
1 sentence

1990(See, e.g., Alaska Statebank v. Fairco, supra, 674 P.2d 288 ; Lawrence v. Farm Credit System Capital Corp. (Wyo. 1988) 761 P.2d 640, 651 .) California Uniform Commercial Code section 1203 provides: "Every contract or duty within this code imposes an obligation of good faith in its performance or enforcement." Good faith is defined as "honesty in fact in the conduct or transaction concerned." (Cal. U. Com.

11990–1990
Alaska Statebank v. Fairco green
alaska · 1983
2 sentences

1990(See, e.g., Alaska Statebank v. Fairco, supra, 674 P.2d 288 ; Lawrence v. Farm Credit System Capital Corp. (Wyo. 1988) 761 P.2d 640, 651 .) California Uniform Commercial Code section 1203 provides: "Every contract or duty within this code imposes an obligation of good faith in its performance or enforcement." Good faith is defined as "honesty in fact in the conduct or transaction concerned." (Cal. U. Com.

1990(See, e.g., Alaska Statebank v. Fairco, supra, 674 P.2d 288 ; Lawrence v. Farm Credit System Capital Corp. (Wyo. 1988) 761 P.2d 640, 651 .) California Uniform Commercial Code section 1203 provides: "Every contract or duty within this code imposes an obligation of good faith in its performance or enforcement." Good faith is defined as "honesty in fact in the conduct or transaction concerned." (Cal. U. Com.

11990–1990
Gruenberg v. Aetna Insurance green
cal · 1973
2 sentences

1977Co. (1973) 9 Cal.3d 566 [ 108 Cal.Rptr. 480 , 510 P.2d 1032 ]), and the evolvement of the doctrine of the implied covenant of good faith and fair dealing is an expression of public policy in our state.

1977Co. (1973) 9 Cal.3d 566 [ 108 Cal.Rptr. 480 , 510 P.2d 1032 ]), and the evolvement of the doctrine of the implied covenant of good faith and fair dealing is an expression of public policy in our state.

11977–1977

Where else courts name it

CT 8 (1992–2015) CA 5 (1977–2005) ND 4 (2002–2025) ID 2 (1994–1996)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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