Good Faith, Fair Dealing and Moral What? Beyond the Four Corners of Your Documents
Lenders are used to the adage that “those who have the gold make the rules.” In commercial lending transactions, these “rules” are usually expressed in the parties’ written contract, and courts have generally been reluctant to go beyond the parties’ expressed agreement when refereeing commercial disputes— ode to freedom of contract. Beginning in the 1980’s, however, courts began using common…