Mala Fides

Definition

Latin for 'bad faith'—dishonest dealing or intent to deceive. The opposite of good faith, and basically the foundation for fraud claims.

Example Usage

The court found that the party acted in mala fides by deliberately concealing material information.

Origin

From Latin 'mala' (bad) and 'fides' (faith)

Fun Fact

Courts increasingly punish mala fides conduct with sanctions and attorney fees, making bad faith an expensive proposition.

Source: Restatement (Second) of Contracts

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