“Virtually every state recognizes that the parties to a contract are under a duty to act in good faith. According to the Restatement (Second) of Contracts: ‘Every contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement’. Scholars who have tried to explain that duty have become lost in a forest of difficulties. In Part II of this Article, we will see why. Peter Gerhart discussed the duty briefly in seven pages of Contract Law and Social Morality, a book published shortly before his death. In Part I we will see how, if we follow the clues he left in these few pages, like the proverbial trail of breadcrumbs, they will lead us through the forest …”
James Gordley, Peter Gerhart on Good Faith: Following a Trail of Breadcrumbs, 72 Case Western Reserve Law Review 317 (2021).
First posted 2022-05-27 16:00:58
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