bad faith

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Bad Faith

The fraudulent deception of another person; the intentional or malicious refusal to perform some duty or contractual obligation.

Bad faith is not the same as prior judgment or Negligence. One can make an honest mistake about one's own rights and duties, but when the rights of someone else are intentionally or maliciously infringed upon, such conduct demonstrates bad faith.

The existence of bad faith can minimize or nullify any claims that a person alleges in a lawsuit. Punitive Damages, attorney's fees, or both, may be awarded to a party who must defend himself or herself in an action brought in bad faith.

Bad faith is a term commonly used in the law of contracts and other commercial dealings, such as Commercial Paper, and in Secured Transactions. It is the opposite of Good Faith, the observance of reasonable standards of fair dealings in trade that is required of every merchant.

A government official who selectively enforces a nondiscriminatory law against the members of a particular group or race, thereby violating the Civil Rights of those individuals, is acting in bad faith.

bad faith

1) n. intentional dishonest act by not fulfilling legal or contractual obligations, misleading another, entering into an agreement without the intention or means to fulfill it, or violating basic standards of honesty in dealing with others. Most states recognize what is called "implied covenant of good faith and fair dealing" which is breached by acts of bad faith, for which a lawsuit may be brought (filed) for the breach (just as one might sue for breach of contract). The question of bad faith may be raised as a defense to a suit on a contract. 2) adj. when there is bad faith then a transaction is called a "bad faith" contract or "bad faith" offer. (See: good faith, fraud, clean hands doctrine)

bad faith

noun abjection, abjectness, abscondence, apostasy, artifice, base conduct, betrayal, betrayment, breach of faith, broken faith, broken promise, collaboration, complicity, connivance, cozenage, debasement, deceit, deceitfulness, deception, defalcation, defection, delusion, delusiveness, dereliction, dereliction of duty, deviation from rectitude, deviousness, disaffection, disavowal, dishonesty, dishonor, disingenuousness, disloyalty, disobedience, double-dealing, duplicity, fallaciousness, false preeenses, false pretension, false swearing, falseheartedness, falseness, forswearing, fraud, fraudulency, furtiveness, guile, hypocrisy, ignominy, improbity, indiscretion, infidelity, insidiousness, insincerity, inveracity, lack of conncience, lack of fidelity, lack of principle, lack of probity, mala fides, malversation, mendaciousness, mendacity, misfeasance, misrepresentation, obliquity, perfidiousness, perfidy, pettifoggery, pretense, pretext, punic faith, recantation, recreancy, reprobacy, sedition, spuriousness, subterfuge, subversion, subversive activity, suppression of truth, surreptitiousness, traitorousness, treacherousness, treachery, turpitude, unauthenticity, unconscientiousness, underrand dealing, unfairness, unfaith, unfaithfulness, unfaithworthiness, ungenuineness, unloyalty, unsteadfastness, untrueness, untrustiness, untruthfulness, unveraciousness, unveracity, venality, violation of allegiance, violation of duty
Associated concepts: fraud
References in periodicals archive ?
The BJP would like to ask the Chief Minister of Karnataka that in the light of the unilateral mala fide comment of Rahul Gandhi, should we expect a fair investigation by the SIT [special investigation team]," he said.
Likewise, is there any judgment, wherein a law has been struck down on a person-specific or mala fide basis, he added.
All these kinds of unfounded allegations are made with mala fide intention, Anwar Mansoor said.
Social activist Swami Agnivesh and other members of the Delhi Minorities Association came out in Thampu's support and said that a mala fide campaign is being run against him and attempts are being made to control the course of law.
Jalal-Abad oblast governor Aziz Tursunbaev said work of mala fide companies will be suspended after check of gold mining companies at Terek-Sai deposit.
The bench had concurred on three aspects of the case - rules, principles of natural justice and mala fide.
He said that the petition filed against the governor was based on mala fide intention, hence liable to be dismissed.
Raja Aziz Addruze, one of Anwar's nine lawyers said, ''We need to furnish facts to show mala fide.
The committee observed that the software leaves room for human error and mala fide and was not addressing many plagiarism concerns.
Criticising the act as mala fide, Babar stressed the government to immediately seize the opportunity with some requisite amendments and implement the bill which shall come in force at once in all areas.
The AAP, however, termed the IT department's assessment as bogus and mala fide adding that they have full confidence in law and order.
On this the counsel of petitioner Hanif Abbasi Akram Shaikh argued that Tareen's mala fide stands proved already.