Adapting to new technologies: Fair use is flexible enough to adapt to change, but fair dealing is not. For example, in the US, fair use made it legal to use a VCR to record television at home in 1984.

What is fair dealing? A term used in UK copyright laws, fair dealing is designed to allow others lawful use or reproduction of someone else’s work without the need to get permission from the copyright ...

The covenant of good faith and fair dealing is well established in American contract law. The Restatement (Second) of Contracts Section 205 states plainly: “Every contract imposes upon each ...

Due to His Options Rights, Miller Can State a Direct Claim for Breach of the Implied Covenant of Good Faith and Fair Dealing. In an order dated August 3, 2022, ...

In a previous article, Alexander Drylewski analyzed how the New York Appellate Division has treated causes of action for breach of the implied covenant of good faith and fair dealing in the face ...

The implied covenant of good faith and fair dealing is a notoriously misunderstood doctrine. It can be invoked much less often than most people think, and its application is highly state-specific.