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· 12/8/1994

Travellers International, A.G. And Windsor, Inc. v. Trans World Airlines, Inc.

Citations

  • 41 F.3d 1570
  • 1994 U.S. App. LEXIS 34438
  • 1994 WL 697587

How courts have described this case

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

  • holding joint venture agreement that gave airline sole discretion to decide level of advertising for mass marketing of tours was subject to obligation of good faith
  • concluding district court did not err in finding defendant had breached the implied covenant of good faith and fair dealing due to its inadequate promotional efforts
  • holding the district court properly concluded there was a duty to exercise specific contractual promotional obligations in good faith
  • finding argument related to mitigation of damages waived when not properly asserted as affirmative defense
  • affirming the district court’s holding that the defendant had not acted in good faith but had instead been influenced by an improper motive
  • “Any calculation of damages based on lost profits always entails a degree of uncertainty caused by the need to rely on assumptions and estimates.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Winter, Melaughlin, Jacobs

Read full opinion on CourtListener

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.