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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
The petitioner contends that the references against Justice Isa 'while cloaked in pious proclamations of accountability - are actually rooted in mala fides of fact and law.'
The petitioner contends thatthe references against Justice Isa "while cloaked in pious proclamations of accountability are actually rooted in mala fides of fact and law." "[The references] in fact, are an outcome of a joint and systematic attempt being made by certain visible, and certain invisible, quarters within the executive branch to intimidate judges into subjugation and permanently fetter the independence of the judiciary," states the petition.
The secretary MoIT with mala fide intentions approved his recommendations and re-submitted the second summary to Prime Minister Raja Pervez Ashraf on 20-07-2012, concealing orders of the previous prime minister.
On the call of the PBC, the resolution said, the Islamabad Bar Council, SCBA and other lawyers' bodies agitated against the filing of the 'mala fide references' against the two judges and organised a number of lawyers conventions.
The lawyers besides condemning the mala fide references against two judges will also consider other important matters pertaining to system of dispensation of Justice,' said the statement.
The decision to try judges in the SJC was condemned by the lawyer bodies across the country, which called out the government for filing the reference against the judges with a mala fide intent.
"The order of ECI is mala fide and is not within legal parameters.
'Any application which seeks disqualification of a person holding a public office should not indicate any mala fide intention, ' Justice Bandial remarked, adding that only on the basis of political rivalry, the application could not be heard.
Maulana Fazal Ur Rehman the leader of MMA has been accusing Election Commission of Pakistan (ECP) of rigging in general election soon after his appalling trounce in his constituency but ECP strongly condemned his statements and termed his allegations baseless and mala fide.
KARACH -- Representatives oflegitimate hockey associationsfrom Punjab, Sindh and Balochistan have vowed to resist mala fide intentions of the Pakist an Hockey Fe deration (PHF) to bring their blue-eyed people in through bogus elections.
Prasad said lots of "prejudiced and mala fide comments" were being made on the "regrettable and unfortunate" death of Lankesh.
'It has been noticed with the utmost concern that the respondent No 1 (Nawaz Sharif), by using his position and clout, has started mala fide and malicious campaign against the judiciary and the JIT with criminal intention to hamper and impede the process of the investigation proceedings,' he stated.