Garrett v. BankWest, Inc.

How courts have described this case

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

• explaining that the implied covenant of good faith must arise from the language of the contract or \must be indispensable to effectuate the intention of the parties\
• explaining that the implied covenant of good faith must arise from the language of the contract or “must be indispensable to effectuate the intention of the parties”
• acknowledging that SDCL 57A-1-201 defines good faith as “honesty in fact”
• listing existing tort remedies such as fraud, misrepresentation, negligence, breach of duty, intentional infliction of emotional distress, and intentional torts
• acknowledging there may be circumstances where a banker owes a fiduciary duty to its borrower
• applying similar standard to find that bank owed no fiduciary duty to one of its customers, an experienced businessman-rancher-farmer

Source: CourtListener parenthetical corpus (CC0).