Document Type
Note
Abstract
(Excerpt)
This Note suggests that certain ethically-driven legal doctrines in Jewish law may provide the common law with a basis for conceptualizing the duty of good faith as an affirmative duty rather than as an exclusionary principle. Part I of this Note describes the implied duty of good faith and fair dealing embraced by the common law and the Uniform Commercial Code (“UCC”) as well as the criticism of the modern approach. Part II explores the Jewish ethical directive, “Thou shalt do that which is good and right,” and explains its implications in law. Part III argues that the duty to do “good and right” creates an affirmative duty not to abuse a store’s return policy. Part IV suggests that Jewish law’s duty to do “good and right” can serve as a basis for understanding the implied covenant of good faith and fair dealing. Part V concludes this Note’s analysis.