Contract Fraud Estate State
Practice Areas
Location

Las Vegas, Nevada

8965 South Eastern Ave. Suite 260

Las Vegas, Nevada 89123

Phone: (702) 614-0600

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Lead Attorney

Robert Atkinson

Mr. Atkinson is highly experienced in commercial litigation. For more information click here

Resources

Tortious Breach of the Implied Covenant of Good Faith and Fair Dealing

Tortious Breach of the Implied Covenant of Good Faith and Fair Dealing occurs when a party fails to abide by the general presumption that parties to a contract will deal with each other honestly, fairly, and in good faith. To be actionable, the parties to the contract must share a special relationship, typically characterized by heighted reliance and trust.

The elements of a tortious breach of the implied covenant of good faith and fair dealing are:

  1. A special relationships exist characterized by heightened reliance, such as employment, bailment, insurance, partnership, and franchise agreements;
  2. The injured party can assert a contractual claim and a claim for fraud based on the facts surrounding the contract’s execution and performance;
  3. The injured party can assert a contractual claim and a claim for fraud based on the facts surrounding the contract’s execution and performance;
  4. The aggrieving party has engaged in grievous and perfidious misconduct;

Great Am. Ins. Co. v. Gen. Builders, 934 P.2d 257, 263 (Nev. 1997).