Bates v. McClees

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Fourth Circuit “has consistently held that Virginia does recognize an implied duty of good faith and fair dealing in common law contracts”
• noting that even if a party has an express contractual right, the party is “forbidden from acting dishonestly”
• holding that contravening standard business practices is not dishonest
• finding that plaintiff stated a plausible claim for breach of the implied covenant, because the contract gave defendant the right to terminate the agreement if it found that plaintiff made a misrepresentation
• analogizing Virginia Vermiculite to find the covenant could be breached when a bank had discretion as to its contract performance but acted arbitrarily in exercising that discretion
• when a defendant has an express right under the contract, that party is “forbidden from acting dishonestly”

Source: CourtListener parenthetical corpus (CC0).