· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.