Mala fide – In bad faith.
Meaning of Mala fide
Mala fide is a Latin term meaning “in bad faith.”
It refers to an action done with dishonest intent, fraud, or a purpose to deceive, rather than with honest intention.
In law, if an act is mala fide, it implies improper motive, dishonesty, or intent to mislead, which can make the act illegal, voidable, or unenforceable.
Legal Principle
Bad Faith: Acting mala fide involves intention to harm, cheat, or circumvent the law.
Contrast with Bona Fide: The opposite is bona fide, meaning “in good faith,” which implies honesty, fairness, and absence of intent to deceive.
Applications in Law
Contract Law: If a party enters into a contract mala fide, e.g., to defraud the other party, the contract may be voidable.
Administrative Law: A government officer acting mala fide (e.g., refusing to grant a statutory right due to personal bias) may be legally challenged in court.
Criminal Law: Certain acts done mala fide may be treated as criminal misfeasance or fraud.
Illustrative Case Law
R. v. Commissioner of Police (1898) 2 QB 57:
It was held that an official who acted mala fide in issuing orders could be restrained by court.
Board of Control for Cricket in India v. Cricket Association (1999):
The Supreme Court of India emphasized that administrative action taken mala fide (with ulterior motives) is illegal and can be quashed.
Bona Fide vs. Mala Fide in Contract – Derry v. Peek (1889) 14 App Cas 337 (UK):
Misrepresentation made mala fide (fraudulently) can give rise to liability for damages.
Key Points
Mala fide = bad faith, dishonest intention, ulterior motive.
Acts done mala fide are usually voidable, illegal, or liable for penalties.
Courts often assess intent or motive to determine mala fide conduct.
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