Larken, Inc. v. Larken Iowa City Ltd. Partnership

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 non-breaching party was not required to comply with the notice and opportunity to cure provisions of the contract prior to termination when the breach “went to the heart of the contract”
• following Olin Corp. and recognizing that a provision providing an opportunity to cure is a cumulative remedy that does not supplant the ordinary right to terminate (i.e., rescind) for a material breach
• hotel owner had right to terminate management agreement immediately despite notice and cure provisions, where manager engaged in self-dealings, which frustrated fundamental contract principles of fairness and honesty
• “‘[T]he duty of good faith is not limited to the familiar categories such as partnership, joint venture, and agency; it permeates the law wherever a relationship of trust and confidence exists.’” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).