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Fulfilling Lucy's Legacy: Recognizing Implicit Good-Faith Obligations Within Explicit Job Duties, Emily Gold Waldman Jan 2008

Fulfilling Lucy's Legacy: Recognizing Implicit Good-Faith Obligations Within Explicit Job Duties, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

Wood v. Lucy, Lady Duff-Gordon is often cited for the principle that every contract contains an implied covenant of good faith and fair dealing. Yet the very source of that decision--the New York Court of Appeals--has been emphatically unwilling to recognize an implied good-faith covenant in the context of employment relationships, given the judicial presumption of employment at will. This essay criticizes the New York Court of Appeals' conclusion that the implied covenant of good faith and fair dealing must yield to the presumption of employment at will, and advocates a more balanced approach.


The Enduring Legacy Of Wood V. Lucy, Lady Duff-Gordon, James J. Fishman Jan 2008

The Enduring Legacy Of Wood V. Lucy, Lady Duff-Gordon, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

To mark the ninetieth anniversary of the decision, Pace University School of Law sponsored a Symposium, The Enduring Legacy of Wood v. Lucy, Lady Duff-Gordon, to reconsider the case and to appreciate the accomplishments of Lucy, Lady Duff-Gordon, who as Lucile, became one of the twentieth century's most innovative fashion designers. The Symposium brought together leading contracts scholars from as far away as Australia and England as well as experts on Lucile from the worlds of fashion, museums and fashion scholarship.

The Symposium examined legal issues raised by the decision through panels that focused upon: implication, interpretation and default terms; …


The Enduring Legacy Of Wood V. Lucy, Lady Duff-Gordon, James J. Fishman Jan 2008

The Enduring Legacy Of Wood V. Lucy, Lady Duff-Gordon, James J. Fishman

Pace Law Review

No abstract provided.


Neutral Standardizing Of Contracts, Joseph M. Perillo Jan 2008

Neutral Standardizing Of Contracts, Joseph M. Perillo

Pace Law Review

No abstract provided.


Implied, Inferred, And Imposed: Default Rules And Adhesion Contracts - The Need For Radical Surgery, Peter Linzer Jan 2008

Implied, Inferred, And Imposed: Default Rules And Adhesion Contracts - The Need For Radical Surgery, Peter Linzer

Pace Law Review

No abstract provided.


Exploring (Social) Class In The Classroom: The Case Of Lucy, Lady Duff-Gordon, Miriam A. Cherry Jan 2008

Exploring (Social) Class In The Classroom: The Case Of Lucy, Lady Duff-Gordon, Miriam A. Cherry

Pace Law Review

No abstract provided.


Teaching Ethics In Context: Wood V. Lucy, Lady Duff-Gordon In The First Year Curriculum, Celia R. Taylor Jan 2008

Teaching Ethics In Context: Wood V. Lucy, Lady Duff-Gordon In The First Year Curriculum, Celia R. Taylor

Pace Law Review

No abstract provided.


Integrating Academic Skills Into First Year Curricula: Using Wood V. Lucy, Lady Duff-Gordon To Teach The Role Of Facts In Legal Reasoning, Deborah Zalesne, David Nadvorney Jan 2008

Integrating Academic Skills Into First Year Curricula: Using Wood V. Lucy, Lady Duff-Gordon To Teach The Role Of Facts In Legal Reasoning, Deborah Zalesne, David Nadvorney

Pace Law Review

No abstract provided.


What It's Worth To Do Your Best, Andrew Tettenborn Jan 2008

What It's Worth To Do Your Best, Andrew Tettenborn

Pace Law Review

No abstract provided.


Cardozo, Anti-Formalism, And The Fiction Of Noninterventionism, Larry A. Dimatteo Jan 2008

Cardozo, Anti-Formalism, And The Fiction Of Noninterventionism, Larry A. Dimatteo

Pace Law Review

No abstract provided.


A Picture Of The New York Court Of Appeals At The Time Of Wood V. Lucy, Lady Duff-Gordon, Meredith R. Miller Jan 2008

A Picture Of The New York Court Of Appeals At The Time Of Wood V. Lucy, Lady Duff-Gordon, Meredith R. Miller

Pace Law Review

No abstract provided.


Wood V. Duff-Gordon And The Modernist Cult Of Personality, Megan Richardson, David Tan Jan 2008

Wood V. Duff-Gordon And The Modernist Cult Of Personality, Megan Richardson, David Tan

Pace Law Review

No abstract provided.


Cardozo's Opinion In Lady Lucy's Case: Formative Unconscionability, Impracticality And Judicial Abuse, Monroe H. Freedman Jan 2008

Cardozo's Opinion In Lady Lucy's Case: Formative Unconscionability, Impracticality And Judicial Abuse, Monroe H. Freedman

Pace Law Review

No abstract provided.


An Employment Contract Instinct With An Obligation: Good Faith Costs And Contexts, Robert C. Bird Jan 2008

An Employment Contract Instinct With An Obligation: Good Faith Costs And Contexts, Robert C. Bird

Pace Law Review

No abstract provided.


Fulfilling Lucy's Legacy: Recognizing Implicit Good-Faith Obligations Within Explicit Job Duties, Emily Gold Waldman Jan 2008

Fulfilling Lucy's Legacy: Recognizing Implicit Good-Faith Obligations Within Explicit Job Duties, Emily Gold Waldman

Pace Law Review

No abstract provided.


Wood V. Lucy: The Overlap Between Interpretation And Gap-Filling To Achieve Minimum Decencies, Nicholas R. Weiskopf Jan 2008

Wood V. Lucy: The Overlap Between Interpretation And Gap-Filling To Achieve Minimum Decencies, Nicholas R. Weiskopf

Pace Law Review

No abstract provided.