Can you explain what "good faith basis" means?

Question

I actually couldn't find this info on Google for once. Can you please explain to me what it means to have a "good faith basis" for a lawsuit and how one meets the burden of proving they have a "good faith basis" for a lawsuit? I'm trying to learn more about a candidate's idea for tort reform.

Answer 1

Using an example where you bought a service from me. Let's say you bought landscaping services.

We agree on the work to be done and the price. I do the work, but you're not satisfied. There was some ambiguity in the contract about the number and placement of 'shrubs'. Okay, I agree that there could have been a misunderstanding and replace the shrubs the next day. You decide that these shrubs are okay, but you withhold the final payment for a year because you think they might die. I sue. The courts would ask whether there was a written contract, whether both parties signed it (and therefore agreed to its terms). Did I perform the activities in the contract in a manner consistent with other landscapers in the area - in a timely manner? In doing so, did you pay for those services?

The point I'm making is that 'good faith' is that - when there's a problem in a contract, one or both parties of the contract try to resolve it "in good faith". To use my example above, if I would have said that I would replace the shrubs (and didn't) or we disagreed what a shrub was, or tried to cheat you in some way, I'm not using 'good faith' to fulfill the contract.

long winded, and I apologize for that - but it's a judgement call. When you're reading a candidates postion, realize that there is a 'reasonable man' test in the courts... does it make sense?

good luck

Answer 2

A good faith basis for a lawsuit means that the person signing it (Pro Se or the Attorney) has conducted an intellectually impartial investigation of the matter, and believes there is a reasonable chance of winning.

This means that they have determined that a) there is some statute or precedent for the nature of the lawsuit, or a logical basis to extend existing case law to the facts alleged, and b) the facts as alleged are not only true, but likely to be PROVEN true in court (which is not the same thing, due to evidentiary rules).

In other words, the attorney isn't filing to harass or blackmail the other party, the suit isn't a negotiating tactic, and it isn't a roll of the dice. The attorney thinks the suit is winnable.

Answer 3

Good Faith Basis

Answer 4

A good faith basis for filing a lawsuit would be a reasonable belief that one is filing a nonfrivolous, legally supportable claim.

If you rear end my car and only break a taillight and crease the bumper, I have a good faith basis to file suit for a new taillight and bumper and labor relating thereto.

I do not have a good faith basis to tack on a lawsuit for $141 million for negligent infliction of emotional distress because you ran into my car in front of me right after I washed and waxed it.

Answer 5

"Good faith basis" means that a particular person or company did their reasonable best to satisfy the terms of a contract or agreement.

It basically means you operated in good faith -- you didn't try to rob the other person through bad workmanship or unreasonable demands.

For instance, let's say that I bought something from a store, but it was broken. I went back to the store and they said, "I'm sorry, we don't have any more -- it's been discontinued." At this point, the store can say, "Too bad for you." This would not be operating in good faith. They can also say, "We're sorry, we can give you this item at the same price" or "would you like your money back". Both of these are clear attempts to operate in good faith -- they are doing what they can to satisfy the customer.

Answer 6

A 'good faith' basis for a lawsuit would mean it is a legitimate, heartfelt reason for suing and not some scheme for gaining damages from the defendant's coffers.

Answer 7

"Good faith basis" means if the information was submitted in good faith, and not for some other motive, you can not be held liable for being wrong.

It does not necessarily meet a burden of proof, it just prevents you from being counter sued by filing incorrect information.

Answer 8

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Let's take each word and consider its meaning. Faith means a confident assurance that a claim is true despite limited evidence. In Christianity, we have only limited evidence that Jesus' teachings about creation, salvation, resurrection, heaven, and hell are true. We can't observe evidence about these matters; only Jesus could as Son of God. The virtue of faith is willfully believing these claims based on trusting Jesus as prophet and revelator. Faith is one of a number of requirements Jesus asks of Christians. The others include baptism, self-renunciation, repentance to obtain forgiveness, obedience to God, doing what is just and charitable, adopting the humility of a child, eating the bread of life, and endurance to the end. The error of "faith alone" says that faith is the only requirement of Christians. "Faith alone" believers thus reject Jesus' teachings about the necessity of baptism, self-renunciation, repentance to obtain forgiveness, obedience to God, doing what is just and charitable, adopting the humility of a child, eating the bread of life, and endurance to the end. This points to an additional problem with "faith alone": It is not faith in Jesus' teachings, but in human traditions. Faith-alone adherents don't actually specify Jesus' teachings as the object of faith, but rather human doctrines based on misreadings of Paul's epistles. For example, faith-alone Protestants emphasize believing that Jesus rose from the dead, which is a verifiable historical fact requiring minimal faith, and that saying a "sinner's prayer" and making Jesus their "personal savior" are critical, though these teachings are not biblical. They further allege that salvation from saying these words is irrevocable, contradicting Christ about enduring to the end. Thus, their real faith is in Protestant formulas, not in the teachings of Jesus Christ. Cheers, Bruce

Answer 9

Dunno but good faith itself defined in a law dicitionary is a total absence of any intention to seek an unfair advantage or defraud another party. Also an honest and sincere intention to fufill one's obligations.