3335. Affirmative Defense Good Faith Explained

3335. Affirmative Defense--"Good Faith" Explained Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 In deciding whether [name of defendant] acted in good faith in attempting to meet competition, you must decide whether [his/ her/its] belief was based on facts that would lead a reasonable person to believe that the price he or she was offering would meet the legal price of his or her competitor. You must consider all of the facts and circumstances present, including but not limited to: 1. 2. 3. 4. The nature and source of the information on which [name of defendant] relied; [Name of defendant]'s prior experience, if any, with similar information or with persons who provided the information; [Name of defendant]'s prior pricing practices; and [Name of defendant]'s general business practices. [Name of defendant] does not have to prove that [his/her/its] price did actually meet the legal price of its competitor; only that [he/she/it] reasonably believed that [he/she/it] was offering a price that would meet the competitor's price. ________________________________________________________________________________ New September 2003