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Gerry,
An intentional tort which results from breach of duty imposed as consequence of
relationship established by contract.  Bad faith - generally implying or
involving actual or constructive fraud, or a design to mislead or deceive
another, or a neglect or refusal to fulfill some duty or some contractual
obligation, not prompted by an honest mistake as to one's rights or duties, but
by some interested or sinister motive.  Not simply bad judgment or negligence,
but rather it implies the conscious doing of a wrong because of dishonest
purpose or moral obliquity; it is different from the negative idea of negligence
in that it contemplates a state of mind affirmatively operating with furtive
design or ill will.  See Stath v. Williams, Ind. App. 367 N.E.2nd 1120, 1124.
Dick King, University of Arizona.

"Clifford, Gerry" wrote:

> 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.

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