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From the Law Dictionary, by Steven H. Gifis, Barron's Educational Series, Inc.

BAD FAITH  "Breach of faith, willful failure to respond to plain, well-understood statutory or contractual obligations."  124 F. 2d 875, 883.  "Good faith means being faithful to one's duty or obligation; bad faith means being recreant thereto."  235 N.S. 413, 414.  It is thus the absence of "honesty in fact in the conduct or transaction concerned."  U.C.C. Section 1-201 (19).


Brian R. Devir
Records Specialist
Fluor Fernald, Inc.
Fernald Environmental Mgmt Project
Cincinnati, OH
(513) 648-3507


-----Original Message-----
From: Clifford, Gerry [mailto:[log in to unmask]]
Sent: Tuesday, July 30, 2002 10:12 AM
To: [log in to unmask]
Subject: Bad Faith


Good Morning All,

Need some assistance on the following:  Was in a conversation yesterday, and
in the conversation the term "bad faith" came up in the context of records
retention.  Simply stated that even though you may have a records retention
schedule in place, the courts can rule bad faith if you do not follow the
schedule that has been set-up. Or use it when the mood hits.  I have done
research and have come up empty.  Does anyone know where I can locate this
saying and what statue if any it falls under?  Thanking you in advance for
your time and effort is this matter.

Gerry

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