Question

Marc canceled his Comcast cable service. When the cable guy removed the Comcast equipment, he mistakenly left behind a modem worth $220. By some mix-up, this amount was sent to a collection agency. Upon discovering the error, Marc returned to modem to Comcast, which promised to correct his account. But the mistake remained on Marc’s credit report. Because of the error, Marc had to pay an additional $26,000 when he refinanced his mortgage.

Answer 1

In this case Comcast violated its duty of good faith.

This was because there were misrepresentations made through the collection process and this misrepresentation will not be regarded as a mistake or a misunderstanding or an oversight. In each and every contract there is an implied covenant of good faith as well as fair dealing.

The misrepresentation by Comcast will be regarded as violation of duty of good faith as Comcast had evaded the spirit of the contract. As such standards of decency, fairness or reasonableness will be regarded to be violated in this case.