Sunday, March 23, 2008

contracts- duty of good faith & fair dealing - no separate cause of action

Morgan Truck Body v. Integrated Logistics Solutions - ED Pa. - March 20, 2008

Although the UCC, 13 Pa. C.S. 1203, and common law, as reflected in the Restatement of Contracts, sec. 205, impose a duty of good faith and fair dealing in the performance of a contract, Creeger Brick & Building Supply Inc. v. Mid-State Bank & Trust Co., 560 A.2d 151, 153 (Pa. Super. 1989), "Pennsylvania does not recognize this theory as an independent cause of action."