Legal Opinion · Concurring in part, dissenting in part

Uintah Basin Medical Center v. Hardy

Utah Supreme Court

Decided August 30, 2002No. 20000501Published

1Concurring in part, dissenting in partRusson, Justice

127 I concur with the majority opinion that the contract in question is proprietary in nature and could therefore bind the successor trustees of the hospital. However, I differ with the analysis of the opinion as to how the trial court is to determine the reasonableness of the duration of the contract on remand.

{23 Well-settled canons of contract construction and interpretation dictate that the trial court, when faced with a contract of employment that is silent as to its duration, and thus indefinite in length, but expressly terminable only for just cause, should determine by implication a…

2Cases cited25 opinions

  1. Sterling Drug, Inc. v. OxfordSupreme Court of Arkansas · 1988
  2. Berube v. Fashion Centre, Ltd.Utah Supreme Court · 1989
  3. Borough of West Caldwell v. Borough of CaldwellSupreme Court of New Jersey · 1958
  4. Brehany v. Nordstrom, Inc.Utah Supreme Court · 1991
  5. Paisley v. LucasSupreme Court of Missouri · 1940

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