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today we examine the requirement of good faith by examining the case of Market Street associates versus FRA the implied covenant of good faith and fair dealing is a mandatory rule that parties will deal with each other in good faith its an implied obligation in every contract meaning it does not need to be explicitly written or stated and it cant be disclaimed the covenant is incorporated into the Uniform Commercial Code section 1 - 3 o 4 and section 2 - 103 defines good faith in the case of merchants as honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade the Restatement second section 205 also states that every contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement the case of Market Street associates versus FRA was decided by the Seventh Circuit in 1991 the opinions author Judge Richard Posner is a leading figure in the field of law and economics the Journal of Legal Studies identi