The Disney Opinion and “Not in Good Faith”

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4 Responses

  1. MR says:

    We had an arbitration recently on a contract that required that the other side act in good faith on some things…and with respect to some things not to act in bad faith. Needless to say, a lot of the argument centered around this very question.

  2. Elizabeth Nowicki says:

    Oh, interesting. Thanks for the reply.

    The cases in this area are fascinating. Feel free to offer more – observations, comments, lingering concerns.

  3. You’ve hit upon an issue in law which can probably be cleared up or argued for on the basis of some philosophy of language. I very much sympathize with your interpretation, and am attempting to put together a few notes in defence of it.

  4. Right. My first, tentative conclusion is that there is no real third category, and that all behavior that’s not in good faith can be called bad faith behavior — but that there are two kinds of bad faith behaviors, a strong sense and a weak sense. Click on my name to see a more drawn-out argument.