Exceptions to Good Faith Reliance: Which is an exception to good faith reliance under LAID?

Exceptions to Good Faith Reliance: Which is an exception to good faith reliance under LAID?

• A. Lied
• B. Abandoned
• C. Insufficient Affidavit
• D. Deficient in Particularity

Answer: (C)

Good faith reliance on an opposing party’s affidavit rests on the assumption that the statements are properly supported and credible. In the LAID framework, four defects can undermine that assumption: false statements, abandonment of the position, lack of sufficient factual foundation, and lack of sufficient particularity. The reason the insufficient affidavit is the best answer is that when an affidavit doesn’t provide enough factual basis or detail to support the relief sought, it cannot justify relying on those statements in good faith. Without adequate facts, the court cannot treat the affidavit as reliable evidence, so it stands as a true exception to treating the reliance as bona fide. The other defects signal problems, but the insufficiency of the affidavit itself directly defeats the basis for good-faith reliance by lacking the necessary substance to support the relief.

Good faith reliance on an opposing party’s affidavit rests on the assumption that the statements are properly supported and credible. In the LAID framework, four defects can undermine that assumption: false statements, abandonment of the position, lack of sufficient factual foundation, and lack of sufficient particularity. The reason the insufficient affidavit is the best answer is that when an affidavit doesn’t provide enough factual basis or detail to support the relief sought, it cannot justify relying on those statements in good faith. Without adequate facts, the court cannot treat the affidavit as reliable evidence, so it stands as a true exception to treating the reliance as bona fide. The other defects signal problems, but the insufficiency of the affidavit itself directly defeats the basis for good-faith reliance by lacking the necessary substance to support the relief.