UJI 13-832 NMRA
UJI 13-832. Good faith and fair dealing.
In every contract, there is an implied promise of good faith and fair dealing. The
implied promise protects the parties’ reasonable expectations under the contract. The
implied promise is breached only when a party seeks to prevent the contract’s
performance or to withhold the contract’s benefits from the other party. The implied
promise of good faith and fair dealing does not change the express terms of the
contract. It does not add terms to the contract. It does not prohibit the parties from doing
what the contract expressly allows them to do.
To prove that ________________ (name of the defendant) breached the promise of
good faith and fair dealing, _________________ (name of the plaintiff) must prove that
__________________ (name of the defendant) acted in bad faith in [performing]
[enforcing] the contract or wrongfully and intentionally used the contract to harm
_________________ (name of the plaintiff).