Contract is not an overflowing cornucopia of wished-for legal duties

November 24, 2014

  • 95 Contracts
  • 95II Construction and Operation
  • 95II(A) General Rules of Construction
  • 95k168 Terms implied as part of contract

11-24-14Covenant of good faith and fair dealing is not an overflowing cornucopia of wished-for legal duties; rather, it encompasses only an obligation imposed by law to prevent opportunistic behavior, that is, the exploitation of changing economic conditions to ensure gains in excess of those reasonably expected at the time of contracting.

Zubres Radiology v. Providers Ins. Consultants, 276 S.W.3d 335, (Mo.App W.D., 2009)