Would it be called "bad faith in the consummation of a contract"?
Saint Louis, MO |
Would it be called "bad faith in the consummation of a contract" when someone enters into a contract which restricts my rights while at the same time and unkown to me the other party is taking action to severely damage me?
You need to discuss your specific situation with a lawyer in private so all the facts and circumstances can be fleshed out in more detail.
I think the best any of us can do here is to simple say "maybe."
Most of us here, including myself, offer a free phone consult.
The law firm of Natoli-Lapin, LLC (Home of Lantern Legal Services) offers our flat-rate legal services in the areas of business law and intellectual property to entrepreneurs, small-to-medium size businesses, independent inventors and artists across the nation and abroad.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
An attorney must see this contract and it is impossible to give you clear advice without that.
Missouri law does in fact require "good faith in the performance" as an implied term of all contracts even if it is not so stated in the contract itself.
There is also the "first to breach" rule which says that a party who is the first to breach the contract, cannot enforce it against the other.
In any event, you have not given enough facts for an opinion in your case.
This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.