Legal Definitions - bona forisfacta

Bona gratia is a Latin phrase that translates to "in goodwill" or "in a friendly way." It refers to actions, agreements, or resolutions that are reached with mutual good intentions, amicably, and without animosity or a desire for conflict.

This term highlights situations where parties choose to cooperate and find common ground, often through negotiation or understanding, rather than resorting to adversarial methods or strict enforcement of rights.

• Example 1: Resolving a Business Dispute

  Imagine two business partners who decide to dissolve their company. Instead of engaging in a contentious legal battle over assets and liabilities, they sit down with a mediator and, acting bona gratia, agree on a fair division of property and responsibilities that allows both to move forward without resentment. This demonstrates bona gratia because they prioritized a friendly, mutually agreeable separation over a potentially damaging and costly dispute.

• Example 2: Community Agreement

  A local homeowners' association is debating a new rule about landscaping. After several heated meetings, the board members decide to hold a series of workshops where residents can openly share their concerns and suggestions. By engaging with each other bona gratia, they manage to draft a revised rule that incorporates feedback from various factions, leading to broad community acceptance. This illustrates bona gratia as the parties approached the disagreement with a spirit of cooperation and a desire to find a harmonious solution, rather than pushing their individual agendas.

• Example 3: Contractual Modification

  A small business owner has a contract with a supplier for a specific quantity of materials. Due to an unexpected downturn in sales, the business owner realizes they cannot use all the materials and approaches the supplier to renegotiate the order. The supplier, understanding the situation and acting bona gratia, agrees to reduce the order size and adjust the payment terms, avoiding a breach of contract and preserving their long-term relationship. This shows bona gratia because the supplier chose to be accommodating and understanding, seeking a friendly resolution that benefited both parties rather than strictly enforcing the original contract terms.