Supreme Court Addresses Another Good Faith Presumption in Agreement

Brinckerhoff v. Enbridge Energy Company, Inc., Del. Supr., No. 574, 2011 (May 28, 2013). This is the third Delaware Supreme Court decision in two consecutive business days that addressed the issue of good faith in the context of an agreement. This is the second decision on the same day that addressed the provision in an LP agreement that creates a presumption of good faith based on the reliance on a expert consultant. This short 10-page decision made quick work of explaining why Delaware’s high court was affirming Chancery’s dismissal of the claims for failure to establish bad faith.

The other two very recent Supreme Court decisions addressing good faith in the contractual context are highlighted on these pages at this link for the Norton  v. K-Sea case, and this link for the SIGA v. PharmAthene case.

The Chancery decision appealed from in this case was highlighted on these pages here. Another prior Chancery decision in this case, with more background, was also summarized on these pages.