Duty of Good Faith/Consent to Sublease
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Statutes
The Mississippi Uniform Commercial Code requires that "every contract or duty within this code imposes an obligation of good faith in its performance or enforcement." Miss. Code Ann. ยง 75-1-203.
Cases
Mississippi courts have not addressed subleasing equipment under the Mississippi Uniform Commercial Code. However, the Mississippi Supreme Court has recognized that when a lease agreement (for real property) does not prohibit a sublease, the lessor cannot unduly refuse to agree to a sublease. Polk v. Gibson Products Co. of Hattiesburg, 257 So. 2d 225 (Miss. 1972).
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Contributors
Alan Smith, Esq.
The statutory information was edited and reviewed with the support of MultiState
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