holding that a contract clause leaving marketing and promotional decisions to the discretion of book publisher implied a minimal duty to make basic promotional efforts, with decisions on further promotions to be made according to a good faith business judgment standard
How later courts described this case
- holding that a contract clause leaving marketing and promotional decisions to the discretion of book publisher implied a minimal duty to make basic promotional efforts, with decisions on further promotions to be made according to a good faith business judgment standard
- holding the promise to publish the plaintiff’s book implies a good faith effort by the publisher to promote the book
- publisher satisfied duty to promote with good faith when making decisions solely based on “good faith business judgment”
- publisher satisfied duty to act in good faith when making decisions based on “good faith business judgment”
Written by the judges who cited it.
The opinion
WATERMAN, Circuit Judge
(concurring):
I concur in the result reached by Judge Winter and in most of that opinion. However, as to that portion of the opinion written by Judge Winter to which Judge Pierce has written a concurring opinion I concur in the concurring opinion of Judge Pierce.