Delaware Business Litigation Report

Court Of Chancery Again Limits Covenant Claims

Akzo Nobel Coatings Inc. v. The Dow Chemical Company, C.A. No. 8666-VCP (June 5, 2015)

This is yet another decision declining to uphold a claim based on the covenant  to deal in good faith and fairly.

When the parties’ contract addresses their respective rights, even in a  complicated factual situation such as presented here, the contract terms control their relationship and there is no room for a claim that the implied covenant implies additional terms.

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