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Full-Text Articles in Law
Prudence Of Electric Utilities' Coal Contracts And Fuel Procurement Practices: The Impact On Coal Contract Negotiations, Amy R. Templeton
Prudence Of Electric Utilities' Coal Contracts And Fuel Procurement Practices: The Impact On Coal Contract Negotiations, Amy R. Templeton
West Virginia Law Review
No abstract provided.
A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts
A New Tort For Texas: Breach Of The Duty Of Good Faith And Fair Dealing., Evelyn T. Ailts
St. Mary's Law Journal
The concept of good faith and fair dealing as a general derivative contractual obligation remains unrecognized in Texas. However, in English v. Fischer the Texas Supreme Court recognized a duty of good faith and fair dealing exists in some contracts. Subsequent courts, including the Texas Supreme Court, have refused to apply a purely contractual obligation of good faith and fair dealing in every case. Instead, courts have recognized a good faith duty as arising out of “special” relationships of the contracting parties rather than being inherent in the contract itself. The courts focus on “special relationships” as a determinative of …