Free from fraud definition
Free from fraud means each party dealt fairly and in good faith. Larson v. Larson, 37 Mass. App. Ct. 106 (1994) (judge properly ordered former husband to pay a reasonable amount of alimony despite the written terms of a surviving agreement that provided for alimony as a portion of the former husband’s earned income, where the husband breached his implied contractual duty of good faith and fair dealing in voluntarily retiring in good health from a successful career years before his normal retirement age without making some other provision for his former wife’s support). All contracts have an implied duty of good faith and fair dealing, so that a court may modify literal terms of agreement to impose the duties the parties voluntarily undertook. Larson v. Larson, 37 Mass. App. Ct. 106 (1994).