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Good Faith And Fair Dealing In Commercial Leasing: The Right Doctrine In The Wrong Transaction, Daniel B. Bogart
Good Faith And Fair Dealing In Commercial Leasing: The Right Doctrine In The Wrong Transaction, Daniel B. Bogart
Daniel B. Bogart
Professor Bogart was keynote lecturer for the 2007 Kratovil Conference Real Estate Law and Practice sponsored by the John Marshall Law School Center for Real Estate Law. This article was solicited in connection with that lecture. In this article, Professor Daniel Bogart criticizes the unfortunate habit of many courts to import the doctrine of good faith and fair dealing, as it has been developed in residential real estate law, into commercial leasing. Commercial leasing practice is hugely important to real property lawyers and generates a significant portion of their legal fees. More importantly, commercial leasing is the driving force behind …