presence of a genuine and material issue of fact for trial, rather than to simply allege the existence of a broad factual dispute. For these reasons, the count did grant Burger King's motion for summary judgement with respect to Count I. Respecting count II: Implied covenant of good faith and fair dealing A given contract includes not only what is expressly written in it, but also those matters or terms which, though not expressed, are implied by law, which are held to be as binding as those terms which are either written or oral. The state of Florida also recognizes the implied covenant of good faith and fair dealing, as held in Fernandez v. Vazquez and Johnson v. Davis. Burger King did not explicitly deny the existence of this implied covenant of good faith in its motion for summary judgement, but rather argued that those acts explicitly authorized through the Franchise Agreement cannot constitute prima facie bad faith. This reasoning arose primarily from the defendant's interpretation that the Franchise Agreement declines to "grant or imply" Scheck "any area, market, or territorial rights" . However, the Court noted here that the explicit denial of territory rights to Scheck does not apply that Burger King itself has the right to open other proximate franchises at its will, regardless of their effect on Scheck's franchise operations. Thus, while Scheck is not entitled by agreement to an exclusive territory per se, he is entitled to expect that Burger King Corporation will not willfully act to destroy the rights of their franchisees to enjoy the natural fruits of the contract. For its part, Burger King had developed explicit policies and procedures specifically to protect against this kind of "cannibalization: and potential ruin of other Burger King franchises (corporate-owned or otherwise), which could result in an overall weakening of the Burger King chain. Scheck's claim here is based on Burger Kings alleged failure to exercise the discretion implied by these policies with good faith and fair dealing, and indeed contravened these policies to protect against the encroachment of other franchises. The court declined to grant summary judgement on this count, citing open issues on whether Burger King actually breached the implied covenant of good faith and fair dealing in its Franchise Agreement. Respecting count III: Implied contract (promissory estoppel) Scheck claimed that an implied oral contract by Burger King not to franchise Marriott's Massachusetts Turnpike site