context: Although a lender does not violate the implied covenant of good faith and fair dealing merely by exercising express contractual rights, Massachusetts courts have left open the possibility that in certain circumstances lenders may violate the implied covenant by the manner with which they exercise express contractual rights.
citation_a.signal: see
citation_a.identifier: 614 N.E.2d 672, 672
citation_a.parenthetical: "We, therefore, need not consider whether good faith is a necessary element of the setting of the terms of a demand for payment when dealing with a demand note...."
citation_a.sentence: See Miller, 614 N.E.2d at 672 (“We, therefore, need not consider whether good faith is a necessary element of the setting of the terms of a demand for payment when dealing with a demand note....”); cf. Shawmut Bank v. Flynn, 1993 WL 818771, *3 (Mass.Super.) (noting, but not addressing, argument that “Miller only establishes the irrelevancy of Shawmut’s good or bad faith and motivation in its decision to demand payment on the loan, but that Miller does not immunize the plaintiffs conduct in demanding or collecting payment”).
citation_b.signal: cf.
citation_b.identifier: 1993 WL 818771, *3
citation_b.parenthetical: noting, but not addressing, argument that "Miller only establishes the irrelevancy of Shawmut's good or bad faith and motivation in its decision to demand payment on the loan, but that Miller does not immunize the plaintiffs conduct in demanding or collecting payment"
citation_b.sentence: See Miller, 614 N.E.2d at 672 (“We, therefore, need not consider whether good faith is a necessary element of the setting of the terms of a demand for payment when dealing with a demand note....”); cf. Shawmut Bank v. Flynn, 1993 WL 818771, *3 (Mass.Super.) (noting, but not addressing, argument that “Miller only establishes the irrelevancy of Shawmut’s good or bad faith and motivation in its decision to demand payment on the loan, but that Miller does not immunize the plaintiffs conduct in demanding or collecting payment”).