Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (2024)

Citation: Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (2024)
Parent Document: Classic Restaurant Concepts, LLC v. President and Fellows of Harvard College (2024)
Jurisdiction: Massachusetts (state)
Effective Date: 2024-06-25
Original Source: https://www.courtlistener.com/opinion/9988087/classic-restaurant-concepts-llc... ↗

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9 Uno may be understood more narrowly. The court there
reasoned that "[w]here there are many varying methods by which
[a party's express contractual right] may be protected [in the
event of a particular contingency confronting the other party],
we are reluctant to conclude that the covenant of good faith and
fair dealing has, sub silentio, provided a specific form of
protection that is not mentioned in the parties' contract."
Uno, 441 Mass. at 386. Here, in contrast, Harvard does not
point to "many varying methods" by which Classic's contractual
right and duty to operate a destination restaurant could be
protected against loss of necessary access attributable to
Harvard's construction project. The situation might be
different if Harvard controlled alternative means of access to
the premises that approximated the access available from Holyoke
Street. If Harvard offered one of those alternative means to
Classic during Harvard's construction project, then Uno suggests
that Classic could not invoke the implied covenant to compel
Harvard to adopt the particular solution of keeping Holyoke
Street open.
                                                                  14 Newspaper Co. v. Ayash, 546 U.S. 927 (2005) (jury could reasonably find that hospital breached implied covenant by

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