Nationally, judicial decisions and commentators alike have repeatedly lamented courts' misinterpretation and misapplication of contractual good faith as leading to irreconcilable decisions. Often, courts have handed down broad pronouncements on the subject and subsequently reversed or scaled back their own decisions, or have seen their conclusions overturned by statute. This has made the law on the subject in numerous jurisdictions unstable, obscure, and perplexing in ways almost identical to Pennsylvania law.
Goren, Seth W.
"Looking for Law in All the Wrong Places: Problems in Applying the Implied Covenant of Good Faith Performance,"
University of San Francisco Law Review: Vol. 37:
2, Article 1.
Available at: https://repository.usfca.edu/usflawreview/vol37/iss2/1