California courts have allowed the recovery of tort damages for the breach of the implied covenant of good faith and fair dealing in contracts. A consistent and objective criteria has never been offered to determine the contracts for which these damages are recoverable. This Comment evaluates the present case law in California and presents objective and workable criteria, consistent with prior decisions, which focus on delayed performance as the determining factor in awarding tort damages for the breach of a covenant of good faith and fair dealing.
Tortious Breach of the Covenant of Good Faith and Fair Dealing since Foley: Opportunity or Efficiency,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol26/iss1/4