Florida/Georgia Personal Injury & Workers Compensation

...te the exercise of fiduciary responsibility). Here, clear standards circumscribed Sun Bank's discretion with respect to the Plan. Florida's UCC good faith requirement, for example, limited the power of the bank to deem itself insecure. See Fla.Stat. § 671.203 (1990)....

...right to redeem the collateral, ensuring that the debtor may redeem the property in the same condition it was in at repossession. See Fla. Stat. § 679.506. Finally, this duty of reasonable care is indicative of the good faith requirement established in Fla. Stat. § 671.203 (requiring that “[e]very contract or duty within this code imposes an obligation of good faith in its performance or enforcement”)....

...Under section 671.205(4), the express terms of the note and loan agreement override any inconsistent interpretation of the parties' agreement which might be inferred from their dealings. The trial court's determination that the transaction is governed by the good faith provisions of sections 671.203 and 671.208, Florida Statutes (1977), is erroneous. The good faith obligation found in section 671.203 may not be imposed to override express terms in the contract....

...App. 846, 849, 269 S.E.2d 916, 918 (1980) (citing 1 Anderson, Uniform Commercial Code 165, § 1-203:3 (2d ed. 1970)). Because the demand note contains an express contractual provision governing the due date of the loan, the note is not affected by section 671.203....

...We disagree. *1184 The implied covenant of good faith exists in virtually all contractual relationships. For example, this obligation exists in any agreement governed by the Uniform Commercial Code and cannot be disclaimed in such an agreement. See § 671.203, Fla....

...elp remedy shall be carried out in a "commercially reasonable" manner. One of the general provisions of the Uniform Commercial Code is that "[e]very contract within this act imposes an obligation of good faith in its performance or enforcement." See Section 671.203....

...he exercise of fiduciary responsibility). Here, clear standards circumscribed Sun Bank’s discretion with respect to the Plan. Florida’s UCC good faith requirement, for example, limited the power of the bank to deem itself insecure. See Fla.Stat. § 671.203 (1990)....

...§ 9-312(5) (§ 679.312(5), Fla. Stat.), that a "good faith" limitation was intentionally omitted from the U.C.C. provision and, therefore, none should be implied by the courts. Transamerica, 524 So.2d at 445. Although the point is not critical here, we note that section 671.203 imposes an obligation of good faith on performance or enforcement of every contract or duty within the U.C.C....

...deral Savings and Loan Association (“Savers Federal”) on December 16, 1986. Baumann’s suit arose from a loan agreement he had entered into with Savers Federal, and raised the following claims: breach of contract, breach of the Florida Statutes § 671.203 duty of good faith, conversion, civil conspiracy, civil theft, tortious interference with contract, and fraud....

...Lab-Con, Inc., 772 F.2d 543, 546 (9th Cir.1985); Triangle Underwriters, Inc. v. Honeywell, Inc., 604 F.2d 737 (2d Cir.1979). Under Florida's version of the UCC there is an "obligation of good faith in a contract's performance or obligation." Fla.Stat. § 671.203....

...ef under section 83.761(4). Section 83.753 provides that "every rental agreement or duty within this part imposes an obligation of good faith in its performance or enforcement." This provision is identical to language in the Uniform Commercial Code. § 671.203, Fla....

under Florida’s U.C.C. pursuant to Fla. Stat. § 671.203). “A breach of the implied' covenant of good faith

...Absent any such evidence, the Court finds that there is no genuine issue as to the bad faith claim and summary judgment is granted to the Defendant on this point. PLAINTIFF'S FIFTH CAUSE OF ACTION In this count, Plaintiff is alleging that pursuant to Section 671.203, Florida Statutes, Defendant had a duty and obligation to act in good faith, to deal fairly and to act honestly with Plaintiff, and that Defendant breached that duty by wrongfully refusing to approve the sale to the Hall Corporation a...

...ld not, in good faith, demand more than its liquidated damages for such prepayment. Thus, the Plaintiff claims that by imposing a prepayment fee of 24.25% if Plaintiff were to prepay the loan, Defendant breached its duty of good faith as required by Section 671.203, Florida Statutes. Section 671.203 provides that "[e]very contract or duty within this code imposes an obligation of good faith in its performance or enforcement." Good faith is defined in Section 671.201(19) to mean "honesty in fact in the conduct or transaction concerned." Defendant had no contractual duty to allow Plaintiff to prepay the loan, and in fact had no duty whatsoever to allow prepayment. Thus, the good faith requirement of section 671.203 does not apply to the Defendants offer of prepayment....

...Plaintiffs acknowledge that the parties' course of dealing is inapplicable to this case. Plaintiffs contend that as recognized by the Uniform Commercial Code (UCC), evidence of usage of trade and good faith are relevant in construing the contract. Section 671.203, Florida Statutes (1995), provides that there is an obligation of good faith in the performance or enforcement of every contract....

...Counts IV and V were grounded in the Uniform Commercial Code (“U.C.C.”) and only stated claims against Citibank. Data Lease alleged that Citibank failed to use reasonable care in the custody and preservation of the pledged Miami National stock, in violation of Fla.Stat. §§ 679.501-.507 and § 671.203....

...Count IV alleges a breach of Citibank’s duties under Fla.Stat. § 679.207. Count V alleges a breach of the duty to act in a commercially reasonable manner, Fla.Stat. §§ 679.501-.507, and a breach of the covenant of good faith which the U.C.C. imposes on all contracts, Fla. Stat. § 671.203 ....

...Further, Florida law is clear that an action for breach of good faith is unavailable where the conduct is within the express terms of the contract. See Flagship Nat. Bank v. Gray Distribution Sys., Inc., 485 So.2d 1336, 1340 (Fla.3d DCA 1986) (“The good faith obligation found in section 671.203 may not be imposed to override express terms in the contract.”); Riedel v....

...in doing the very act that she and her husband, as secretary and president respectively of said corporation, by written covenant to Bruer pledged would not occur, namely, to further encumber the personal property described in Bruer's security instrument. It is noted that Section 671.203, Florida Statutes 1969, F.S.A., provides that: "Every contract or duty within this code imposes an obligation of good faith in its performance or enforcement." The obligation of good faith comes to rest evenly upon the shoulders of th...

...An exception may exist where the name change is contemplated at the inception of the agreement and is with the full knowledge and consent of the secured party. In that case failure to refile calls into question the good faith of the secured creditor under § 671.203, Fla.Stat....

..., F.S. 1969, F.S.A. The significance of being a buyer in the ordinary course of business is the acquisition of the goods free of the outstanding title of the true owners. See Anderson's Uniform Commercial Code, 2nd Edition, § 1.201:19 and 1.201:23; Section 671.203, F.S....

...Breach of Contract The parties agree that the Retail Sales Agreements constitute contracts for the sale of goods (in this ease, motor fuel) governed by the Uniform Commercial Code ("U.C.C."). [2] As such, they "impose[ ] an obligation of good faith in [their] performance or enforcement." Fla. Stat. § 671.203....

...ount II is an action for implied warranty of fitness for a particular purpose, pursuant to Section 672.315, Florida Statutes; Count VII is a common-law action for negligence; and Count IX is an action for breach of good faith obligation, pursuant to Section 671.203, Florida Statutes....

...Good Faith Obligation Finally, in Count IX of the Amended Complaint, the plaintiff states that Gold Kist's "unconscionable conduct in selecting and recommending the use of Coker 747 by [plaintiff], when Gold Kist knew that Coker 747 was not suitable for use in Florida ..." states a cause of action under Section 671.203, Florida Statutes. Section 671.203 states, "Every contract or duty within this code [Florida U.C.C.] imposes an obligation of good faith in its performance or enforcement." As discussed, the plaintiff made only limited attempts to communicate with Gold Kist when the seed was purchased....

...aith and fair dealing. Florida courts recognize that an implied covenant of good faith and fair dealing exists in all contractual relationships. Speedway Superamerica, L.L.C. v. Tropic Enters., Inc., 966 So.2d 1, 3 (Fla. 2d DCA 2007). Cf. Fla. Stat. § 671.203 (likewise imposing "an obligation of good faith" on all contracts and duties under Florida's enactment of the Uniform Commercial Code); U.C.C....