Bad Faith - Law Dictionary Search Results
Home Dictionary Name: bad faith Page: 2Act purporting to be done in official capacity
Act purporting to be done in official capacity, The words 'act purporting to be done in official capacity' have been construed to apply to non-feasance as well as to misfeasance. The word 'act' extends to illegal omissions, see Prasaddas v. Bennerjee, ILR (1930) 57 Cal 1127. No distinction can be made between acts done illegally and in bad faith and acts done bona fide in official capacity. See Bhagchand Dagadusa's case. S. 80 of the Code of Civil Procedure therefore is attracted when any suit is filed against a public officer in respect of any act purporting to be done by such public officer in his official capacity, State of Maharashtra v. Shri Chander Kant, AIR 1977 SC 148 (150): (1977) 1 SCR 933: (1977) 1 SCC 257. (M.P. Public Truts Act, 1951, s. 8)...
privileged communication
privileged communication 1 : confidential communication 2 a : a defamatory communication that does not expose the party making it to the liability that would follow from it if not privileged called also absolutely privileged communication b : a defamatory statement made by one person to another who is in a confidential relation (as that of a prospective employer) or who has an interest therein that may upon proof of bad faith or actual malice be deprived of its privileged character called also conditionally privileged communication ...
Double dealing
False or deceitful dealing acting in bad faith deception by pretending to entertain one set of intentions while acting under the influence of another See Double dealing under Dealing...
unclean hands
unclean hands : an equitable doctrine: a complainant will be denied relief if he or she has engaged in misconduct (as acting in bad faith) directly relating to the complaint ;also : the condition of having engaged in such misconduct and being barred from equitable relief [may not be invoked by a plaintiff with unclean hands "Royal Sch. Labs., Inc. v. Town of Watertown, 358 F.2d 813 (1966)"] NOTE: Unclean hands on the part of the plaintiff is often pleaded as an affirmative defense by the defendant. ...
proper
proper : marked by fitness or correctness ;esp : being in accordance with established procedure, law, jurisdiction, or standards of care, fairness, and justice [argued that the shareholder was acting in bad faith and lacked a purpose for examining its records] prop·er·ly adv ...
patent
patent [Anglo-French, from Latin patent- patens, from present participle of patēre to be open] 1 a : open to public inspection see also letters patent at letter b : secured or protected by a patent [a nonexclusive license to produce and sell the product] [sought to enforce her rights against infringement] 2 : of, relating to, or concerned with the granting of patents esp. for inventions [a lawyer] [involved in litigation] 3 : readily seen, discovered, or understood [a defect] [if no bad faith or abuse is ] compare latent pat·ent·ly adv [pat-nt] n 1 : an official document conferring a right or privilege : letters patent at letter 2 a : the right to exclude others from making, using, or selling an invention or products made by an invented process that is granted to an inventor and his or her heirs or assigns for a term of years see also intellectual property at property compare copyright, trademark NOTE: A patent may be granted for a process, act, or method t...
mistake
mistake 1 : an unintentional error esp. in legal procedure or form that does not indicate bad faith and that commonly warrants excuse or relief by the court [the court's power to revise a judgment because of fraud, , or irregularity] [a clerical ] 2 : an erroneous belief: as a : a state of mind that is not in accordance with the facts existing at the time a contract is made and that may be a ground for the rescission or reformation of the contract b : a misconception at the time of an offense alleged by a defendant mistake of fact 1 : a mistake regarding a fact or facts esp. that significantly affects the performance of a contract 2 : a criminal defense that attempts to eliminate culpability on the ground that the defendant operated from an unintentional misunderstanding of fact rather than from a criminal purpose mistake of law : a mistake involving the misunderstanding or incorrect application of law in regard to an act, contract, transaction, determination, or state of aff...
Unreasonableness
Unreasonableness, is sometimes used to denote particularly extreme behaviour, such as acting in bad faith, or a decision which is 'perverse' or 'absure' - implying that the decision - maker has - 'taken leave of his senses', Judicial Review of Administrative Action, 5th Edn., p. 549....
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