badfaith

Bad faith refers to conduct or attitudes characterized by dishonesty, deception, or a failure to fulfill obligations while presenting oneself as trustworthy. It is typically contrasted with good faith, which denotes honesty, fairness, and a sincere intention to honor commitments. The term is used across law, ethics, and philosophy to describe different but related forms of problematic behavior.

In legal contexts, bad faith often concerns the misuse of trust or a failure to act honestly in a relationship of confidence. Many legal systems recognize an implied covenant of good faith and fair dealing in contracts. Bad faith contract performance might include evading obligations, misrepresentation, or undermining the contract’s purpose through deceptive practices. In insurance law, bad faith refers to delaying, denying, or inadequately investigating a valid claim, or otherwise exploiting process to avoid payment. In fiduciary or corporate settings, bad faith can involve disloyalty, self-dealing, or reckless disregard for a beneficiary’s interests. The precise standard—whether it requires intent to deceive, recklessness, or breach of duty—varies by jurisdiction and area of law.

In philosophy and ethics, mauvaise foi (self-deception) is a concept associated with existentialist thought, notably described by Jean-Paul Sartre as denying one’s own freedom and responsibility. In everyday language, saying someone is acting in bad faith often implies they are knowingly misleading others or themselves about true intentions.

Remedies and consequences can include damages, rescission, or other legal or reputational remedies, depending on the context and jurisdiction.