4 ms·
I have found some more info on good faith and fair dealing as it pertains to this type of case. Robert Summers' 1968 article "'Good Faith' in General Contract L
by jarrett 13y ago
I have found some more info on good faith and fair dealing as it pertains to this type of case. Robert Summers' 1968 article "'Good Faith' in General Contract Law and the Sales Provisions of the Uniform Commercial Code" has a section on bad faith in the negotiation phase of contracts. That's exactly what we need.
I don't want to quote at length, and there's no particular passage that nails this case, but my overall sense from the article is that the contract could be voided for want of mutual assent. Or that perhaps even the contract could be judicially modified back to the bank's version.
Anyway, here's the most concise (heavily edited) quotation I could find from the article:
"There are many ways, short of fraud, by which one party can take advantage of another in driving a bargain. For example...his disinclination to read a printed form...At the least, if a person consciously takes advantage of such weaknesses, he acts in bad faith."
But, as of 1968, he said: "Case law under this section is scant." Has this changed? Quite probably. Do I have a Lexus or Westlaw account to find out? No.