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· 8/6/2019

Melanee Dagnes v. Oxford Place Apartments

How courts have described this case

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

  • providing that a sufficiently plead breach of contract claim, thereby providing an avenue for relief, “preempt[s] the need to invoke the doctrine of good faith and fair dealing”
  • affirming dismissal of a claim for breach of good faith and fair dealing where the express terms of the contract provide the plaintiff a mechanism for obtaining relief
  • “[A counterparty] cannot use the doctrine of good faith and fair dealing to complain of the very conduct that the con- tract expressly permits.”
  • “Ratification is the affirmance of a prior act done by another, whereby the act is given effect as if done by an agent acting with actual authority.” (quoting RESTATEMENT (THIRD) OF AGENCY § 4.01)
  • failure to provide an equitable adjustment can constitute breach of contract
  • actions by unauthorized government employees do not bind the government

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.