Contracts Keyed to Fuller
Sanders v. FedEx Ground Package System
In 1995, Ken Sanders (Plaintiff) was hired as an independent contractor for FedEx Ground Package System (Defendant) to make pick-ups and deliveries. According to Plaintiff, Defendant determined Plaintiff’s route, but Defendant indicated during initial negotiations that Plaintiff would be permitted to purchase additional routes from other independent contractors. In 1996, Plaintiff sought to buy the Roswell route from another independent contractor. Although Plaintiff was qualified to handle the route, Defendant did not permit the transfer. In 1998, Plaintiff sought to purchase the Hobbs-Lovington route from another independent contractor. Defendant again refused to allow the transfer. Plaintiff filed suit claiming breach of contract and the implied covenant of good faith and fair dealing, based in part upon Defendant’s refusal to allow the Hobbs-Lovington transfer. The jury ruled in Plaintiff’s favor. Defendant appealed, arguing that improper instructions were given to the jury because there was no express term in the contract granting Plaintiff the right to purchase other routes. The court of appeals reversed.
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