Mala fide
in bad faith
Mala fide means acting in bad faith, whereby a party intentionally acts dishonestly or with malicious intent.
Mala fide is a Latin term employed in Dutch law to signify that a party is acting in bad faith. This denotes that the party knows or ought to know that its conduct is unlawful and causes prejudice to others.
The term is particularly relevant in contract and property law, where bad faith may preclude the invocation of rights, for instance in relation to acquisition in good faith or the performance of agreements. It also features in procedural law when determining liability.
In practice, mala fide is frequently invoked in disputes concerning the transfer of ownership or non-performance, to establish that a party has acted intentionally and is therefore not entitled to protection.
“The buyer acted mala fide by misleading the seller as to the condition of the immovable property.”
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