Legal Definitions - bonae fidei

bonae fidei is a Latin term that translates to "of good faith" or "in good faith." In legal terms, it describes actions or intentions characterized by honesty, sincerity, and a lack of intent to deceive, defraud, or take unfair advantage. When someone acts bonae fidei, they are genuinely believing in the truth of their statements or the validity of their actions, without hidden motives or malice.

• Example 1: Contractual Agreements

  Imagine a small business owner purchasing office supplies from a new vendor. The vendor assures the business owner that the products are of high quality and will be delivered within three business days. The business owner, trusting these assurances, places a large order. If both parties are acting bonae fidei, it means the vendor genuinely intends to deliver quality products on time and the business owner genuinely intends to pay for them as agreed. Neither party is entering the agreement with a hidden agenda to mislead, defraud, or breach the contract.

• Example 2: Property Ownership

  Consider a person who buys a used car from an individual seller. The seller provides a title document and states that the car has never been in a major accident. The buyer conducts a basic inspection and, based on the seller's representations and the documents, genuinely believes they are purchasing a car with a clean history from its rightful owner. If the buyer later discovers a hidden lien or undisclosed damage, but they had no reason to suspect it at the time of purchase, they acted bonae fidei. Their purchase was made with an honest belief in the seller's right to sell and the accuracy of the information provided, without any intent to acquire stolen property or defraud anyone.

• Example 3: Dispute Resolution

  During a negotiation to settle a minor accident claim, two individuals meet to discuss damages and compensation. If both parties approach the discussion bonae fidei, it means they are genuinely trying to reach a fair and reasonable agreement. For instance, the person claiming damages is providing an honest account of their losses, and the person responsible is genuinely willing to offer reasonable compensation, rather than trying to minimize their liability unfairly or exaggerate their losses for personal gain. Their engagement is sincere and aimed at an equitable resolution.