More generally, is “good faith” more like a rule (e.g. a speed limit or “no smoking” sign), or is it more like a standard (e.g. “fair use” or “be careful”)? Or does the meaning of good faith depend on purely subjective or idiosyncratic factors (e.g. “I know it when I see it”)? My favorite paper thus far at this year’s ALSB (Academy of Legal Studies in Business) conference in Minneapolis has been “Statutory Good Faith and its Continuum of Definitions, Rules, and Standards” by my colleague and friend David Orozco (Florida State), who presents several competing definitions of “good faith” along a sliding-scale or continuum.


