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.
