(2) not allowing the plaintiff’s motion to amend the complaint to add a breach of fiduciary duty count. The plaintiff relies on a series of separation agreement cases in which the letter of the agreement was complied with, but one party to the agreement prevented the other from receiving the “the fruits of the contract” through voluntary actions. See Nile v. Nile, 432 Mass. 390, 398 (2000); Krapf v. Krapf 439 Mass. 97, 106 (2003); Larson v. Larson, 37 Mass. App. Ct. 106, 110 (1994). See also Eaton v. Eaton, 233 Mass. 351 (1919) (involving an antenuptial agreement including testamentary provisions ensuring equal treatment of the wife with the sons of an earlier marriage). The court in each case refused to sanction the “evasion of the spirit of the bargain.” Krapf v. Krapf, supra at 107 (<HOLDING>). The benefits actually lost in these cases,
recognizing cause of action for implied covenant of good faith and fair dealing in atwill employment contract holding that the duty of good faith and fair dealing is a contractual duty holding such action violative of the high obligation of good faith and fair dealing imposed by such agreements holding that duty of good faith and fair dealing did not extend to thirdparty claimant holding that the implied covenant of good faith and fair dealing is limited to performance under a contract