Thread: Football Pats sign Antonio Brown
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Old 09-08-2019, 03:34 PM   #945
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Assuming a contract does not include language contrary to this implied duty, California courts will normally require that each party:

refrain from doing anything which will deprive the other party of the benefits of their agreement; and,

perform all acts which their contract presupposes each party will do to accomplish the purpose of the agreement, even if the act is not expressly set out in the terms of the contract.

See April Enterprises, Inc. v. KTTV, et al., 147 Cal. App. 3d 805, 816, 195 Cal. Rptr. 421, 425 (1983).
Did Brown refrain from doing anything to deprive the Raiders the benefit of their side of the bargain? No. He sought out counsel for a method to get out of his contract.

Did he perform all acts which the Raiders presupposed would be considered his part of the contract?
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