Can a well-known, general, legal rule(s) of law overrule a claim made within a terms of service agreement that a customer has agreed to?

Something along the lines of "the claim was rejected because they were not acting in good faith". Is there a name for this concept?

An example would be appreciated.


1 Answer 1


Except in contracts of "utmost good faith" (e.g. contracts of insurance) there is no legal requirement of the parties to act with good faith, merely to act within the contract.

That said, parties are not permitted to behave unconscionably , however, this is extremely hard to prove.

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