Unraveling the Tangled Web: Choosing the Proper Statute of Limitation for Breach of the Implied Covenant of Good Faith and Fair Dealing

57 Pages Posted: 29 Jul 2014 Last revised: 31 Jul 2014

See all articles by Tyler Trent Ochoa

Tyler Trent Ochoa

Santa Clara University School of Law

Andrew J. Wistrich

California Central District Court

Date Written: 1997

Abstract

In this article, we first will review the general principles applicable to classification of claims for limitation purposes and the various statutes which could be applied to breach of the implied covenant of good faith and fair dealing. We then will examine cases in which the statute of limitation for breach of the implied covenant of good faith and fair dealing was at issue and analyze what limitation period, rules of accrual and tolling doctrines are appropriate in the absence of contractual modification. Finally, we will analyze the extent to which contractual modification of the limitation period, rules of accrual and tolling doctrines has been permitted, and analyze what limits, if any, should be placed on such modifications.

Suggested Citation

Ochoa, Tyler Trent and Wistrich, Andrew J., Unraveling the Tangled Web: Choosing the Proper Statute of Limitation for Breach of the Implied Covenant of Good Faith and Fair Dealing (1997). Southwestern University Law Review, Vol. 26, No. 1, 1997, Santa Clara Univ. Legal Studies Research Paper No. 30-14, Available at SSRN: https://ssrn.com/abstract=2473396

Tyler Trent Ochoa (Contact Author)

Santa Clara University School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States
408-554-2765 (Phone)
408-554-4426 (Fax)

Andrew J. Wistrich

California Central District Court ( email )

Los Angeles, CA 90012
United States

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