How is the covenant of good faith and fair dealing interpreted in Massachusetts?

Under Massachusetts law, a covenant of good faith and fair dealing is implied in every contract. “The covenant provides that neither party shall do anything that will have the effect of destroying or injuring the rights of the other party to receive the fruits of the contract.” Robert Reiser & Company v.

How long does someone have to respond to a 93A letter?

30 days
You must respond in 30 days. As a business, you absolutely, positively must respond to the demand letter by or within 30 days from the date of receipt of the consumer protection demand letter.

What is a 93A claim in Massachusetts?

93A, is a powerful legal tool that allows the Attorney General and consumers to take action against unfair or deceptive conduct in the marketplace. The Consumer Protection Act allows lawsuits against unfair or deceptive acts or practices taken against consumers.

What is a 30 Day demand letter?

A 30-day demand letter for payment is used to notify an individual or company in default to pay what is due. Upon serving, the recipient will have 30 days to cure the debt.

What is breach of good faith and fair dealing?

In general, the duty of good faith and fair dealing means, for example, that parties cannot evade the spirit of the bargain, lack diligence or slack off, perform incorrectly on purpose, abuse their power when specifying the terms of a contract, or interfere with or fail to cooperate in the other party’s performance.

What is a good faith dispute?

A “good faith dispute” that any wages are due occurs when an employer presents a defense, based in law or fact which, if successful, would preclude any recover on the part of the employee.

What happens if someone ignores a demand letter?

The fact that you ignored the demand letter will be used against you in court. The demand letter will likely end up as an exhibit to the court and jury in any subsequent litigation, and your response to the demand will be judged accordingly.

Can you ignore demand letter?

Ignoring a demand letter — particularly if you don’t read it at all — usually gives the obligee no other choice but to initiate a formal legal action against you or your business, perhaps even sooner than they otherwise would have.

Can you ignore letter of demand?

The baseline to establish is that one does not absolutely have to do anything; there are no legal consequences to ignoring a letter of demand. As established, a letter of demand usually indicates that the sender has taken this matter seriously, especially if he has engaged the services of a law firm.

What treble damages mean?

Treble damages is a term that indicates a statute exists to award a plaintiff up to three times actual or compensatory damages. Treble damages are a type of punitive damage. They are meant to deter others from committing the same offense.

Can you email a demand letter?

Use certified mail – Always send demand letters by certified mail and request return receipt. It is acceptable to send the demand letter by email, however, if you do not receive a response, send the letter again by certified mail.

Can you send a demand letter without a lawyer?

Yes, you can write a demand letter instead of hiring an attorney. Why not handle it yourself instead of paying a lawyer to collect the money or represent you in court? A demand letter is a written document demanding a specific remedy to a transaction.