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[QUOTE="CL82, post: 2777585, member: 44"]
Wouldn't Ollie's (false) annual certification of NCAA compliance be considered bad faith?  Would that be defense to the Ollie making a covenant good faith and fair dealing argument?

If a result is foreseeable and permitted at the time of execution (like, for example because it is part of the express agreement of the parties say) is a court likely to effectively write that language out of the contract?  What if the language wasn't discretionary?  Would that make it more defensible?

Absent entrapment (somehow UConn caused the violation to occur), I can't see a court saying "yes, Mr. Ollie broke NCAA rules and regulations, and yes the parties specifically agreed that that would be grounds for his dismissal and termination of his employment contract but you know what?  We don't think that that they were serious."  But that's just me.

I'm not saying it isn't an argument that I'd make, if I didn't have anything better, but is a Hail Mary, at best.
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