Sentences with phrase «lack of good faith»

there could only be a conclusion of lack of good faith within the meaning of [s 31]... where the fact that the negotiations had not passed an «embryonic» stage was, in turn, caused by some breach of or absence of good faith such as deliberate delay, sharp practice, misleading negotiating or other unsatisfactory or unconscionable conduct.

An employer who discloses information about a former employee's job performance to a prospective employer of the former employee upon request of the prospective employer or of the former employee is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from civil liability for such disclosure or its consequences.

The court found no violation of procedural due process, nor any instance of fraud or lack of good faith by the Board.

But a bankruptcy judge criticized those tactics, saying they «suggest a lack of good faith.»

When the matter eventually came before the court, the man claimed that the agreement obliging him to pay the wife various amounts was invalidated by the wife's «lack of good faith» in signing it, given that she was thinking of leaving him at the time.

As a result of the decision, parties challenging the validity of an issued Canadian patent may no longer point to a lack of good faith when responding during the prosecution process as a basis of invalidity.

It was argued that even if states reject the request for interim measures, it does not show a lack of good faith and they can continue to engage in the Committee's procedures.

It reflects a lack of good faith on the part of government to deliver on elements of reform that it promised, in return for discriminatory provisions in the original Native Title Act.

It is to address the problem reported to the review of a growing tendency for parties to mediation to exhibit a lack of good faith during mediation.

Finally, the court rejected the brokerage's «lack of good faith» argument since the brokerage would continue to receive payments through 2006, demonstrating that the owner was acting in good faith.