The duty of good faith and fair dealing is implied in every contract. The Restatement (Second) Contracts, Section 205 states: “Every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement.” The Uniform Commercial Code (UCC) also imposes a duty of good faith. UCC Section 1-203 provides: “Every contract or duty...
Continue ReadingThis article was originally published by the Michigan Bar Journal in March, 1997 Motions in limine are commonly used in trial preparation in order to narrow the issues for trial and further guide testimony and presentation of evidence, as well as possibly reduce a client’s costs associated with trial. Motions in limine can also be used to gain important...
Continue ReadingBoth large and small cases can be enhanced by the wise use of an expert. An expert who testifies effectively at trial can sometimes ignite life in an otherwise doubtful trial. Of course, the decision to use an expert should be well thought out, and the expert should offer guidance to the trier of fact. The expert selected to...
Continue Reading