"doctrine. Bona fides cannot be the sole test, otherwise you might have a lunatic conducting the affairs of the company, and paying away its money with both hands in a manner perfectly bona fide yet perfectly irrational… It is for the directors to judge, provided it is a matter which is reasonably incidental to the carrying on of the business of the company… The law does not say that there are to be no cakes and ale, but there are to be no cakes and ale except such as are required for the benefit of the company."" Directors cannot, without"
"as a gift, and ""bona fide"" meant acting in good faith. In turn, good faith largely meant the same thing as buying the land without having any actual notice, and it not being reasonable to have known, about another person's equitable interest. According to the Law of Property Act 1925 section 199, and cases through the courts, buyers of land would be bound by prior equitable interests if the interest ""would have come to his knowledge if such inquiries and inspections had been made as ought reasonably to have been made"". So for example, in ""Kingsnorth Finance Co Ltd v"
"as synonymous with credentials, professional background, and documents attesting a person's identity, which is not synonymous with ""bona fide"" occupational qualifications. More recently, other common law countries have begun to adopt good faith as a general principle. In the UK, the High Court in ""Yam Seng Pte Ltd v Int Trade Corp Ltd"" expressed this preference. In Canada, the Supreme Court declared in ""Bhasin v. Hrynew"" that good faith was a general organizing principle. ""Bona fide"" occupational qualifications (employer's good faith effort) are qualities or attributes that employers are allowed to consider when making decisions on the hiring and retaining"
"As a not-for-profit housing organization or as a public housing agency; or What is a Bona Fide Purchaser? One who (i) acts in good faith; (ii) purchases for valuable consideration or provide a mortgage; (iii) has no notice of the equity seller's continuing right to, or equity in, the property prior to the acquisition of title or encumbrance; (iv) has no notice of any violation of HETPA by the equity purchaser as related to the property. Generally, this is one who either purchases from or provides a loan to the equity purchaser. An equity purchaser has a defense to a"
"the implied covenant of good faith is a general presumption that the parties to a contract will deal with each other honestly and fairly, so as not to destroy the right of the other party or parties to receive the benefits of the contract. In insurance law, the insurer's breach of the implied covenant may give rise to a legal liability known as insurance bad faith. Most US jurisdictions view breaches of implied covenants of good faith and fair dealing solely as a variant of breach of contract. Linguistically, in the US, American English usage of ""bona fides"" applies it"
"artistic purpose. (This consideration is not limited to race.) ""Bona fide"" occupational qualifications generally only apply to instances in which the BFOQ is considered reasonably necessary to the normal operation of a particular business. For example, a Catholic college may lawfully require such positions as president, chaplain, and teaching faculty to be Catholics, but membership in the Catholic Church would generally not be considered a BFOQ for occupations such as secretarial and janitorial positions. Mere customer satisfaction, or lack thereof, is not enough to justify a BFOQ defense, as noted in the cases ""Diaz v. Pan Am. World Airways, Inc."""
"faith"" (bona fide). It assumes the critic has a positive intention in making the criticism. The rule may not make much sense if there is an all-out war going on, where the opposition is just trying to destroy and discredit the target as much as possible, using almost any means they can find. Nevertheless, psychologists recommend to respond by attacking what the opponents actually ""do"", not ""who they are"". That way, the critic cannot be accused of unfair or prejudiced treatment of others. The basic rule is not always easy to apply. Consequently, psychologists often recommend that before a criticism"
"for value meant not receiving the property as a gift, and ""bona fide"" meant acting in good faith. In turn, good faith largely meant the same thing as buying the land without having any actual notice, and it not being reasonable to have known, about another person's equitable interest. According to the Law of Property Act 1925 section 199, and cases through the courts, buyers of land would be bound by prior equitable interests if the interest ""would have come to his knowledge if such inquiries and inspections had been made as ought reasonably to have been made"". So for"
"Bona fide purchaser A bona fide"" purchaser (BFP)referred to more completely as a bona fide"" purchaser for value without notice is a term used predominantly in common law jurisdictions in the law of real property and personal property to refer to an innocent party who purchases property without notice of any other party's claim to the title of that property. A BFP must purchase for value, meaning that he or she must pay for the property rather than simply be the beneficiary of a gift. Even when a party fraudulently conveys property to a BFP (for example, by selling to"
"the duties of friendship. Therefore certain legal institutions were simply premised on ""bona fides"", e. g. the ""tutela"", ""societas"", and ""depositum"", which did not decrease but rather reinforced their security. Breach of a fiduciary agreement led inevitably to being ""infamis"", which meant lifetime incapacity of making any commercial actions. This threat was sufficient force to guarantee that the fiduciaries would satisfy their obligations. Being a matter of ""honores"", consideration was not required. The great success of the ""fideicommissum"" as a clever ""fraus legi fracta"" is proved by reference to its long use; redefined by Justinian I, it may have by"
"duplicate keys available to another does not always amount to giving up physical possession of the property in question The party raising a dispute of fact in motion proceedings, the court found, must seriously and unambiguously address that fact. This will indicate that the dispute is real, genuine or ""bona fide"". If the disputing party necessarily possesses the knowledge and ability to show the facts in question to be untrue or inaccurate, but nonetheless fails to do so, instead resting on a bare or ambiguous denial, there is no ""bona fide"" dispute of fact. The appellant was a building contractor"
"U.S. 897) and ""Massachusetts v. Sheppard"" (468 U.S. 981). The exception permits the courts to consider the mental state of the police officer. Good-faith exception In United States constitutional law, the good-faith exception (also good-faith doctrine) is a legal doctrine providing an exemption to the exclusionary rule. The exemption allows evidence collected in violation of privacy rights as interpreted from the Fourth Amendment to be admitted at trial if police officers acting in good faith (""bona fides"") relied upon a defective search warrant — that is, they had reason to believe their actions were legal (measured under the reasonable person"
"Sola fide Sola fide (Latin: by faith alone), also known as justification by faith alone, is a Christian theological doctrine commonly held to distinguish many Protestant churches from the Catholic Church, as well as the Eastern Orthodox Churches and Oriental Orthodox Churches. The doctrine of ""sola fide"" asserts God's pardon for guilty sinners is granted to and received through faith alone, excluding all ""works"". All mankind, it is asserted, is fallen and sinful, under the curse of God, and incapable of saving itself from God's wrath and curse. But God, on the basis of the life, death, and resurrection of"
"right to claim ownership of the object of the transaction (a ""bona fide"" purchaser); however, in many cases, more than one innocent party is involved, making judgment difficult for courts and leading to numerous exceptions to the general rule that aim to give a degree of protection to ""bona fide"" purchasers and original owners. The possession of the good of title will be with the original owner. In American law, a ""bona fide"" purchaser who unknowingly purchases and subsequently sells stolen goods will, at common law, be held liable in trover for the full market value of those goods as"
"not what is their duty or their responsibility, but what can they get away with."" What exactly the rightful or correct obligations of trading parties are to each other, can be open to interpretation ""in good faith"" (bona fide) by those trading parties or other parties. It may depend on the ""understanding"" that exists in a business situation. This creates the possibility that, even although – strictly speaking, or formally – everything is done ""within the law"", economic actors nevertheless do not (or not fully) honour their trading obligations in some way, for selfish motives, and therefore commit what amounts"
"Fumus boni iuris Fumus boni iuris is a Latin phrase, used in European courts, meaning ""likelihood of success on the merit of the case"" (literal meaning: ""smoke of a good right""), being a requirement for admission to certain benefits (for example, legal aid) or pronunciation of certain court actions (for example, so-called protective measures, injunctions). It has a prima facie case when there is a possibility that the right claimed exists in practice: the existence of this assumption should be examined by the court which will decide according to the results of the fait accompli. For example, when legal aid"
"Bona fide occupational qualification In employment law, a bona fide"" occupational qualification (BFOQ) (US) or bona fide"" occupational requirement (BFOR) (Canada) or genuine occupational qualification (GOQ) (UK) is a quality or an attribute that employers are allowed to consider when making decisions on the hiring and retention of employees—a quality that when considered in other contexts would constitute discrimination and thus be in violation of civil rights employment law. Such qualifications must be listed in the employment offering. The law of Canada regarding ""bona fide"" occupational requirements was considered in a 1985 Canadian court case involving an employee of the"
"be dismissed."" It is important to understand however that this case and ""Sidebottom"" before it, established one of the two limbs of the modern day ""bona fide"" intentions test. The ""bona fide"" test comprises two tests. One objective (as this case and ""Sidebottom"" established) and one subjective test. ""Greenhalgh v Ardene Cinemas"" established the subjective limb of the ""bona fide"" test. The bona fide test is thus a hybrid of these two methods of assessment. Shuttleworth v Cox Bros & Co (Maidenhead) Ltd Shuttleworth v Cox Bros and Co (Maidenhead) [1927] 1 Ch 154 is a UK company law case,"
"would be capable of laying ""one"" of two actions if X was in good faith (bonas fides) in using Y's materials, but ""two"" actions if X was in bad faith (""mala fides""). These actions were (i) the ""vindicatio"" for the materials and (ii) the ""actio de tigno"", which would recoup twice the value of the materials. Additionally, Y would also have an action against a third party if that third party stole the materials. In ""A Text-Book of Roman Law from Augustus to Justinian"", W. W. Buckland discusses a third situation where X builds on Y's land using Z's materials."
"unwillingness to question these unchosen loyalties, and this exhibits bad faith as a type of lack of integrity; once we have such loyalties, we are resistant to their scrutiny and self-defensively discount challenges to them in bad faith. In the philosophy of patriotism (loyalty to one's country) bad faith is hiding from oneself the true source of some of one's patriotic beliefs, such as when one fights for a racist totalitarian dictatorship against a free and egalitarian democracy. Bad faith Bad faith (Latin: ""mala fides"") is double mindedness or double heartedness in duplicity, fraud, or deception. It may involve intentional"
"Good-faith exception In United States constitutional law, the good-faith exception (also good-faith doctrine) is a legal doctrine providing an exemption to the exclusionary rule. The exemption allows evidence collected in violation of privacy rights as interpreted from the Fourth Amendment to be admitted at trial if police officers acting in good faith (""bona fides"") relied upon a defective search warrant — that is, they had reason to believe their actions were legal (measured under the reasonable person test). The rule was established in the two companion cases decided by the U.S. Supreme Court in 1984: ""United States v. Leon"" (468"
"Bad faith Bad faith (Latin: ""mala fides"") is double mindedness or double heartedness in duplicity, fraud, or deception. It may involve intentional deceit of others, or self-deception. The expression ""bad faith"" is associated with ""double heartedness"", which is also translated as ""double mindedness"". A bad faith belief may be formed through self-deception, being double minded, or ""of two minds"", which is associated with faith, belief, attitude, and loyalty. In the 1913 ""Webster's Dictionary"", bad faith was equated with being double hearted, ""of two hearts"", or ""a sustained form of deception which consists in entertaining or pretending to entertain one set"
"fide"" for the benefit of the company as a whole. The Court of Appeal dismissed the appeal holding that the alteration of the articles was ""bona fide"" for the benefit of the company and was valid. It reaffirmed the ""bona fide"" test laid down in ""Sidebottom v Kershaw, Leese & Co"". Bankes L.J.: ""So the test is whether the alteration of the articles was in the opinion of the shareholders for the benefit of the company. By what criterion is the Court to ascertain the opinion of the shareholders upon this question? The alteration may be so oppressive as to"
"jurist Hackney explains the portrayal is inaccurate; in cases where legal title is passed to a ""bona fide"" purchaser for value without notice, it is not so much that equity has any great affection for the purchaser – it is simply that equity refuses to intervene to preserve any rights held by the former beneficial owner of the property. The relationship between the courts of equity and the BFP is at root characterised as, geared toward the BFP, with benign neglect of the old owner(s). However, equity allows a proven BFP to claim for a full legal conveyance from former"
"legal owner, failing which the court itself will convey title. In the United States, the patent law codifies the ""bona fide"" purchaser rule, . Unlike the common law, the statute cuts off both equitable ""and"" legal claims to the title. Bona fide purchaser A bona fide"" purchaser (BFP)referred to more completely as a bona fide"" purchaser for value without notice is a term used predominantly in common law jurisdictions in the law of real property and personal property to refer to an innocent party who purchases property without notice of any other party's claim to the title of that property."
"majority so long as it is """"bona fide"" for the benefit of the company as a whole."" This constraint is not heavy, as it can mean that a constitutional amendment, while applying in a formally equal way to all shareholders, has a negative and disparate impact on only one shareholder. This was so in ""Greenhalgh v Arderne Cinemas Ltd"", where the articles were changed to remove all shareholders' pre-emption rights, but only one shareholder (the claimant, Mr Greenhalgh, who lost) was interested in preventing share sales to outside parties. This slim set of protections for minority shareholders was, until 1985,"
"Bona Dea Bona Dea ( 'Good Goddess') was a divinity in ancient Roman religion. She was associated with chastity and fertility in Roman women, healing, and the protection of the state and people of Rome. According to Roman literary sources, she was brought from Magna Graecia at some time during the early or middle Republic, and was given her own state cult on the Aventine Hill. Her rites allowed women the use of strong wine and blood-sacrifice, things otherwise forbidden them by Roman tradition. Men were barred from her mysteries and the possession of her true name. Given that male"
"equity which insists on those who by use of a fiduciary position make a profit, being liable to account for that profit, in no way depends on fraud, or absence of ""bona fides""; or upon questions or considerations as whether the property would or should otherwise have gone to the plaintiff, or whether he took a risk or acted as he did for the benefit of the plaintiff, or whether the plaintiff has in fact been damaged or benefited by his action. The liability arises from the mere fact of a profit having, in the stated circumstances, been made.” Lord"
"fraud, or absence of ""bona fides"" ... or whether the plaintiff has in fact been damaged or benefited by his action."" A business opportunity is a corporate opportunity if the corporation is financially able to undertake the opportunity, the opportunity is within the corporation's line of business, and the corporation has an interest or expectancy in the opportunity. The Delaware Court of Chancery has stated, ""An opportunity is within a corporation's line of business . . . if it is an activity as to which the corporation has fundamental knowledge, practical experience and ability to pursue."" In ""In re eBay,"
"Bad faith (existentialism) Bad faith (French: ""mauvaise foi"") is a philosophical concept utilized by existentialist philosophers Simone de Beauvoir and Jean-Paul Sartre to describe the phenomenon in which human beings, under pressure from social forces, adopt false values and disown their innate freedom, hence acting inauthentically. It is closely related to the concepts of self-deception and ""ressentiment"". A critical claim in existentialist thought is that individuals are always free to make choices and guide their lives towards their own chosen goal or ""project"". The claim holds that individuals cannot escape this freedom, even in overwhelming circumstances. For instance, even an"
"enforced, but contracting parties are required to conduct their relationship in good faith (""bona fides""). Contract law forms part of the law of obligations. An obligation is a legal bond (""vinculum iuris"") between two or more parties, obliging the obligor (the ‘debtor’) to give, do or refrain from doing something to or for the obligee (the ‘creditor’). The right created by an obligation is personal, a ""ius in personam"", as opposed to a real right (""ius in re""). The words ‘creditor’ and ‘debtor’ apply not only in respect of a claim for money, but to a claim for anything else"
"the company. Previously in the United Kingdom, under the Companies Act 1985, protections for non-member stakeholders were considerably more limited (see e.g., s.309, which permitted directors to take into account the interests of employees but that could be enforced only by the shareholders, and not by the employees themselves. The changes have therefore been the subject of some criticism. Directors must act honestly and in ""bona fide"". The test is a subjective one—the directors must act in """"good faith"" in what they consider—not what the court may consider—is in the interests of the company..."" per Lord Greene MR. However, the"
"negative and a positive misrepresentation, inasmuch as the incomplete answer may create the impression that all the facts have been furnished. In modern case law and literature, insurance contracts have been classified as contracts “of the utmost good faith” (contracts ""uberrimae fidei""). In general, contracts of this type have been said to impose a duty on the contracting parties to display the utmost good faith towards one another The duty of utmost good faith (or its companion, an exceptionally high degree of good faith) appears in the case law and literature in connection with contracts which are typified by a"