Finding Good Faith and Fair Dealing In Entertainment and Sports Relationships

Contractual interpretation can be a thorny business. Yet it pales in comparison to the treacherous waters that surround supposed duties nowhere to be found in the language of a contract -- and that may never have been negotiated or discussed by the parties. For many entertainment and sports professionals, the most significant and far-reaching of these implied duties is the duty of good faith and fair dealing that courts read into every contract. As straightforward as the obligation sounds when described in general terms, it can be vexing to determine what particular conduct it may require in specific situations. What's more, the reported decisions construing the obligation tend to be highly fact-dependent, thus providing only limited guidance.