CO · jury_instructions
CJI-Civ. 30:16
Contract Performance — Implied Duty of Good Faith and Fair Dealing — Non-Insurance Contract
When a contract gives one party discretion to determine how a promise is
performed or a term is applied, that party must act fairly and in good faith when exercising
this discretion.
A party acts fairly and in good faith when the party’s discretionary decisions and
actions are consistent with the common purpose of the contract and the reasonable
expectations of the parties. The duty to act fairly and in good faith cannot add to or
contradict express promises or terms of the contract.
History
CJI-Civ. (2026), Colorado Supreme Court Committee on Pattern Civil Jury Instructions. Dated 2026-02-25 by the committee page's "Revised 2/25/26".
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- civ-2026-02-25
- Content hash
e05fe00b67bf9976635b1176b9a643d40c1fc01bb48bfc9ac83eb63d4dfd5f2b
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