Definition of mala fide
Alternative forms
Etymology
From Latin. The word mala, which is the ablative feminine of the word malus (meaning "bad") + fide, the ablative of fides meaning "faith". Literally meaning "of bad faith".
Adverb
mala fide
- (law) of bad faith
* Maritime Motors (PTY) LTD v Von Steiger and another 2001 (2) SA 584 (SE) @ 600
Having regard to this dictum it is clear to me that the plaintiff cannot rely on negotiorum gestorum to recover damages. The gestor, ie the plaintiff, did not intend to serve the dominus, ie the defendants. The gestor did not act bona fide in the mistaken belief that he was serving the dominus. It was the plaintiff's evidence that in an attempt to preserve its good name and reputation it was decided to accept the cancellation of the agreement. It is thus clear that the gestor, the plaintiff acted mala fide in its own interest. In my view, the plaintiff cannot succeed on this principle of negotiorum gestorum.
References:
- Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.
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