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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - bona fide contract
Definition of bona fide contract
A bona fide contract refers to a legally binding agreement that all parties enter into with genuine intent, honesty, and without any hidden motives or intent to deceive. The term "bona fide" is Latin for "in good faith," meaning that everyone involved sincerely intends to fulfill their promised obligations and uphold the terms of the contract as agreed upon.
Example 1: Real Estate Purchase
Imagine a couple, Alex and Ben, signing a contract to purchase a house from a seller, Ms. Chen. Both Alex and Ben genuinely intend to buy the house and secure financing, and Ms. Chen genuinely intends to sell her property and transfer ownership. They both disclose all known material facts about the property and their financial situations truthfully throughout the process.
Explanation: This is a bona fide contract because all parties are acting honestly and sincerely, intending to complete the sale according to the agreed terms without any hidden agendas, misrepresentations, or fraudulent intentions. Their actions reflect a genuine commitment to the agreement.
Example 2: Employment Agreement
Sarah accepts a job offer from "Innovate Tech Solutions" and signs an employment contract. Innovate Tech Solutions genuinely intends to employ Sarah, provide the agreed-upon salary and benefits, and assign her specific duties. Sarah, in turn, genuinely intends to work for the company, perform her job responsibilities diligently, and adhere to company policies.
Explanation: This contract is bona fide because both the employer and Sarah have entered into it with sincere intentions to uphold their respective parts of the agreement – Innovate Tech Solutions to employ and compensate, and Sarah to work and contribute. There is no underlying deceit or pretense from either side.
Example 3: Business Supply Agreement
A local bakery, "Sweet Delights," enters into a contract with "Grain Millers Inc." to regularly supply a specific type of flour. Sweet Delights genuinely intends to purchase and pay for the flour as per the agreed schedule and price. Grain Millers Inc. genuinely intends to mill and deliver the specified quality and quantity of flour on time.
Explanation: This represents a bona fide contract because both the bakery and the mill are acting in good faith, with the honest intention of fulfilling their obligations: Sweet Delights to pay for and receive the flour, and Grain Millers Inc. to supply it according to the terms. Neither party is attempting to mislead or defraud the other.
Simple Definition
A bona fide contract is a genuine agreement entered into honestly by all parties involved. It signifies that the contract was made in good faith, without any intent to defraud, deceive, or misrepresent the terms or intentions.