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SANDERS v. FEDEX GROUND PACKAGE SYSTEM, INC.

No. 30,278.

188 P.3d 1200 (2008)

2008-NMSC-040

Ken SANDERS and P & D Services, Inc., a New Mexico corporation, Plaintiffs-Petitioners, v. FEDEX GROUND PACKAGE SYSTEM, INC., Defendant-Respondent.

Supreme Court of New Mexico.

June 25, 2008.

Attorney(s) appearing for the Case

Modrall, Sperling, Roehl, Harris & Sisk, P.A., Angelo J. Artuso, Timothy J. De Young, Emil J. Kiehne, Albuquerque, NM, for Petitioners.

Rodey, Dickason, Sloan, Akin & Robb, P.A., Edward Ricco, Jocelyn C. Drennan, Albuquerque, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} The implied covenant of good faith and fair dealing protects the reasonable expectations of the parties to a contract arising from its terms. Here, the jury was allowed to determine those expectations based upon extrinsic evidence that clarified an express term of the contract. The jury then decided whether the parties exercised good faith and fair dealing in addressing those expectations, and from there the jury...

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