Implied‑in‑fact contracts under New York law arise from conduct rather than explicit agreement, requiring objective evidence of mutual assent, definite terms, and an intent to be bound. They are fully ...
In many states, the implied warranties of workmanship and habitability automatically attach to contracts between builder-vendors and new home buyers. Builder-vendors are defined as “persons or ...
Properly framed, a breach of the covenant claim is not just filler, but a remedy in cases where the contract is silent, ambiguous, or grants the opposing party discretion exercised for bad-faith ...