Good Faith
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Negotiations
Generally, no obligation to negotiate in good faith § Sometimes one can be contractually obligated to
Best Efforts Clause
Imposes an obligation to act with good faith in light of one's own capabilities.
Sale of Goods Contracts
UCC 1-302 you can't disclaim good faith in a contract
Good Faith in Contracts
Virtually all contracts contain an obligation of good faith in performance and enforcement o Does not constitute an independent cause of action - You cannot sue due to bad faith
Presence
· Present even if parties did not bargain for it · Cannot prevent it from entering the bargain