What is the current state of the law on the implied covenant of good faith?

California, United States of America


The following excerpt is from Munir v. Nationstar Mortg. LLC, A144953 (Cal. App. 2017):

"It is universally recognized the scope of conduct prohibited by the covenant of good faith is circumscribed by the purposes and express terms of the contract." (Carma Developers (Cal.), Inc. v. Marathon Development California, Inc. (1992) 2 Cal.4th 342, 373.) "Because contracts differ, the nature and extent of the duties owed under the implied covenant are also variable and 'will depend on the contractual purposes.' " (Love v. Fire Ins. Exchange (1990) 221 Cal.App.3d 1136, 1147.) Thus, it is well settled the implied covenant does not extend so far as to impose enforceable duties that are beyond

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