Moorcroft v. Severance (2018)

Citation: Moorcroft v. Severance (2018)
Parent Document: Moorcroft v. Severance (2018)
Jurisdiction: Vermont (state)
Effective Date: 2018-03-12
Original Source: https://www.courtlistener.com/opinion/10026703/moorcroft-v-severance/ ↗

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In Count 4, Mr. Moorcroft seeks recovery under the theory of breach of the implied
convent of good faith and fair dealing. The covenant of good faith and fair dealing is implied in
every contract. Harsch Props., Inc. v. Nicholas, 2007 VT 70, ¶ 14, 182 Vt. 196, 932 A.2d 1045.
“It is an implied promise that protects against conduct which violates community standards of
‘decency, fairness or reasonableness.’ ” Id. (quoting Carmichael v. Adirondack Bottled Gas
Corp. of Vt., 161 Vt. 200, 209, 635 A.2d 1211, 1216 (1993)). He looks to treat the Life Lease as
a contract and contends the implied covenant was breached by John and/or Steve “initiating
numerous altercations” as Mr. Moorcroft sought payments under the Life Lease and by not
paying taxes and rent due under the Life Lease.

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