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The Role of Good Faith in Lender Liability Suits: Rising Star or Fading Gadfly?

Abstract

This Note examines the role good faith plays in the commercial lender-borrower relationship. In doing so, it offers some examples of the doctrine's current application and potential application in the future. The focus then turns to the consequences of breaching the covenant of good faith, and why some jurisdictions allow punitive damages while others do not. Finally, this Note summarizes the current status of the law and suggests how a commercial lender may be able to avoid liability for a breach of the covenant of good faith.

How to Cite

31 Ariz. L. Rev. 939 (1989)

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