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My first attempt: bad faith is the operating assumption that a counterparty is not as interested in the truth as you are, which therefore justifies deceptive practices on your part
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Hmm, you’re right. Not sure I buy that “assume counterparty isn’t interested in truth” is required, but need more time than I have to think of examples =] I think a required element is “strategically using the trappings of credibility to advance an argument you know to be bogus”