Thursday, May 26, 2005

Urbano v. Stat Courier Inc et al. -- Pa. Superior Court May 23, 2005

http://www.courts.state.pa.us/OpPosting/Superior/out/a05007_05.pdf

Written agreement stating that person is an indpt. contractor is not controlling where there is other evidence of the parties' relationship. Written agreement is just one of the factors to be considered.

Donald Marritz, MidPenn Legal Services

Cable & Associates Insurance Agency v. Commercial National Bank -- Pa. Super. May 20, 2005

http://www.courts.state.pa.us/OpPosting/Superior/out/A12004_05.pdf

There is no separate lender-borrower duty of good faith. Whatever such duty exists arises under contract law, etc.

A lender's decision to exercise its contractual rights is not a breach of the duty of good faith. A lender has no duty to give up its rights under contract or statute.

The opinion contains a good discussion of the general concept of good faith under sec. 205 of the Restatement (Second) of Contracts, and the UCC, 13 Pa. CS 1203

Donald Marritz, MidPenn Legal Services

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