Dan Beraha, M.D. v. Baxter Health Care Corporation

How courts have described this case

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

• holding contract terms involving expressions of good faith, such as participating with honesty and cooperation, are not enforceable under Illinois law
• finding that the covenant merely “guides the construction of explicit terms in the agreement”
• equating an \implied obligation to exploit\ with an \implied best efforts clause\ when interpreting Illinois law
• declining to imply a duty to use best efforts due in part to integration clause in contract
• an indefinite term may \render[] a contract void for lack of mutuality\ of obligation
• the controlling party “must exercise that discretion reasonably and with proper motive, and may not do so arbitrarily, capriciously, or in a manner inconsistent with the reasonable expectations of the parties”

Source: CourtListener parenthetical corpus (CC0).