malafide

Malafide is a term used to describe conduct undertaken in bad faith, typically with the intent to deceive, defraud, or violate the rights of others. The phrase derives from Latin mala fides, literally “bad faith.” In modern usage, it is employed in legal contexts and, less formally, in everyday language to distinguish acts undertaken with dishonest intent from those based on error, negligence, or good faith.

In law, malafide describes intentionally dishonest behavior in several areas, including contract and fiduciary law, civil procedure, competition and consumer protection, and administrative proceedings. Examples include misrepresentation, nondisclosure of material information, tampering with evidence, or using legal processes to oppress others. Depending on the jurisdiction, proving malafide can support sanctions, damages, or the reversal of decisions; some systems also recognize “actual malice” or “bad faith” standards in specific claims.

Malafide is contrasted with bona fide, meaning acted in good faith. While errors, negligence, or poor business judgments may be criticized, they do not automatically constitute malafide absent showing of intent or knowledge of falsity. The term is common in legal writing, contracts, and discussions of fair dealing, and it remains a standard of ethical accountability in many civil and administrative contexts.