About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

29 Willamette L. Rev. 597 (1993)
Development of the Covenant of Good Faith and Fair Dealing: A Bank's Duty to Set NSF Fees in Goof Faith

handle is hein.journals/willr29 and id is 607 raw text is: NOTE WILLAMETTE LAW REVIEW 29:3 Summer 1993 DEVELOPMENT OF THE COVENANT OF GOOD FAITH AND FAIR DEALING: A BANK'S DUTY TO SET NSF FEES IN GOOD FAITH BENJAMIN B. GRANDY* I. INTRODUCTION One of the more significant departures from classical contract law has been the emergence and acceptance of the view that in every contract there exists an implied covenant of good faith and fair dealing.' However, despite the concept's modem importance, courts have yet to articulate a clear and workable definition of good faith.2 The Oregon Supreme Court, in Tolbert v. First National Bank of Oregon,3 held that the First National Bank of Oregon had set its nonsufficient funds (NSF) fees' in good faith.5 The decision, while * Second-Year Student, Willamette University College of Law. 1. The modem emergence and recognition of the good-faith doctrine is a develop- ment of the increasing appreciation of individual rights, a more restrained appraisal of property rights, and a broader concept of social duty. Eric M. Holmes, Is There Life After Gilmore's Death of Contract?-Inductions From a Study of Commercial Good Faith in First- Party Insurance Contracts, 65 CORNELL L. REV. 330, 332 (1980). 2. See Eric M. Holmes, A Contextual Study of Commercial Good Faith: Good-Faith Disclosure in Contract Formation, 39 U. PiTT. L. REV. 381, 400-02 (1978). 3. 312 Or. 485, 823 P.2d 965 (1991). 4. An overdraft results when a bank pays a check drawn by a depositor who does not have enough money on deposit. HENRY J. BAILEY & RICHARD B. HAGEDORN, BRADY ON

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most