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