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Good faith

In human interactions, good faith (Latin: bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with bona fides, which is still widely used and interchangeable with its generally-accepted modern-day English translation of good faith.[1] It is an important concept within law and business. The opposed concepts are bad faith, mala fides (duplicity) and perfidy (pretense). In contemporary English, the usage of bona fides is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the bona fide occupational qualifications or the employer's good faith effort, as described below.

Bona fides

Bona fides is a Latin phrase meaning "good faith". Its ablative case is bona fide, meaning "in good faith", which is often used as an adjective to mean "genuine". While today fides is concomitant to faith, a more technical translation of the Latin concept would be something like "reliability", in the sense of a trust between two parties for the potentiality of a relationship. In ancient Rome bona fides was always assumed by both sides, and it had implied responsibilities and both legal and religious consequences if broken.[2] Fides was one of the original virtues to be considered a religious "divinity" in Roman paganism. Modern interpretation is that it is a return of favor for the completion of a favor.

Law

In law, bona fides denotes the mental and moral states of honesty and conviction regarding either the truth or the falsity of a proposition, or of a body of opinion; likewise regarding either the rectitude or the depravity of a line of conduct. As a legal concept, bona fides is especially important in matters of equity.[3][4] The concept of bona fide is also proclaimed by the original version of Magna Carta.[5] In contract law, 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 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 International Trade Corp Ltd[6] expressed this preference. In Canada, the Supreme Court declared in Bhasin v Hrynew that good faith was a general organizing principle.[7]

Employment efforts

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 of employees. An employer's good faith effort is used as an evaluation tool by the jurisdiction during the annual program review process to determine an employer's level of commitment to the reduction goals of the Washington State's Commute Trip Reduction Law. United States federal and state governments are required by affirmative action (and other such laws) to look for disabled, minority, female, and veteran business enterprises when bidding public jobs. Good faith effort law varies from state to state and even within states depending on the awarding department of the government. Most good faith effort requires advertising in state certified publications, usually a trade and a focus publication. Other countries such as Canada have similar programs.

In wikis

Public wikis depend on implicitly or explicitly assuming that its users are acting in good faith. Wikipedia's principle Assume Good Faith (often abbreviated AGF) has been a stated guideline since 2005.[8] It has been described as "the first principle in the Wikipedia etiquette".[9] According to one study of users' motives for contributing to Wikipedia, "while participants have both individualistic and collaborative motives, collaborative (altruistic) motives dominate."[10]

See also

References

  1. ^ Garger, John. "Translating Arguendo and Bona Fide from Latin to English." Bright Hub Education. Bright Hub Inc., 5 January 2012. Retrieved 6 February 2015.
  2. ^ Adams, John P. (May 2009). "The Roman Concept of Fides". sun.edu.
  3. ^ "good faith". Law.com. Retrieved 3 March 2008.
  4. ^ Good Faith as an international principle of law Trans-Lex.org
  5. ^ Magna Carta (1215), Clause I
  6. ^ Yam Seng PTE Ltd v International Trade Corporation Ltd [2013] EWHC 111 (QB), [2013] 1 CLC 662, [2013] BLR 147, [2013] 1 All ER (Comm) 1321, [2013] 1 Lloyd's Rep 526, 146 Con LR 39 (1 February 2013), High Court (England and Wales)
  7. ^ "SCC 71". scc-csc.lexum.com. 2014.
  8. ^ "Wikipedia:Assume good faith." Wikipedia, The Free Encyclopedia. 13 May 2005, 20:361 UTC. Wikipedia:Assume good faith
  9. ^ Goldspink, Chris (2007), "Normative self-regulation in the emergence of global network institutions: The Case of Wikipedia", Proceedings of the 13th ANZSYS Conference – Auckland, New Zealand, 2–5 December 2007; Systemic Development: Local Solutions in a Global Environment
  10. ^ Wagner, C., Prasarnphanich, P. (2007) "Innovating collaborative content creation: the role of altruism and wiki technology", Proceedings of 40th Hawaii International Conference on System Sciences, 3–6 January 2007, Hawaii

External links

  • "Good Faith Effort with California Department of Transportation"

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Bona fide redirects here For other uses see Bona fide disambiguation and Good faith disambiguation Assume good faith redirects here For the Wikipedia editing guideline see Wikipedia Assume good faith In human interactions good faith Latin bona fides is a sincere intention to be fair open and honest regardless of the outcome of the interaction Some Latin phrases have lost their literal meaning over centuries but that is not the case with bona fides which is still widely used and interchangeable with its generally accepted modern day English translation of good faith 1 It is an important concept within law and business The opposed concepts are bad faith mala fides duplicity and perfidy pretense In contemporary English the usage of bona fides is synonymous with credentials and identity The phrase is sometimes used in job advertisements and should not be confused with the bona fide occupational qualifications or the employer s good faith effort as described below Contents 1 Bona fides 2 Law 3 Employment efforts 4 In wikis 5 See also 6 References 7 External linksBona fides EditFurther information Mos maiorum Bona fides code lat promoted to code la is a Latin phrase meaning good faith Its ablative case is bona fide code lat promoted to code la meaning in good faith which is often used as an adjective to mean genuine While today fides code lat promoted to code la is concomitant to faith a more technical translation of the Latin concept would be something like reliability in the sense of a trust between two parties for the potentiality of a relationship In ancient Rome bona fides was always assumed by both sides and it had implied responsibilities and both legal and religious consequences if broken 2 Fides was one of the original virtues to be considered a religious divinity in Roman paganism Modern interpretation is that it is a return of favor for the completion of a favor Law EditMain article Good faith law In law bona fides denotes the mental and moral states of honesty and conviction regarding either the truth or the falsity of a proposition or of a body of opinion likewise regarding either the rectitude or the depravity of a line of conduct As a legal concept bona fides is especially important in matters of equity 3 4 The concept of bona fide is also proclaimed by the original version of Magna Carta 5 In contract law 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 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 International Trade Corp Ltd 6 expressed this preference In Canada the Supreme Court declared in Bhasin v Hrynew that good faith was a general organizing principle 7 Employment efforts EditBona 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 of employees An employer s good faith effort is used as an evaluation tool by the jurisdiction during the annual program review process to determine an employer s level of commitment to the reduction goals of the Washington State s Commute Trip Reduction Law United States federal and state governments are required by affirmative action and other such laws to look for disabled minority female and veteran business enterprises when bidding public jobs Good faith effort law varies from state to state and even within states depending on the awarding department of the government Most good faith effort requires advertising in state certified publications usually a trade and a focus publication Other countries such as Canada have similar programs In wikis EditPublic wikis depend on implicitly or explicitly assuming that its users are acting in good faith Wikipedia s principle Assume Good Faith often abbreviated AGF has been a stated guideline since 2005 8 It has been described as the first principle in the Wikipedia etiquette 9 According to one study of users motives for contributing to Wikipedia while participants have both individualistic and collaborative motives collaborative altruistic motives dominate 10 See also EditBad faith Convention Relating to the Status of Refugees Hanlon s razor Honour system Kindness List of Latin phrases Make one s bones Pacta sunt servanda Uberrima fides utmost good faith References Edit Garger John Translating Arguendo and Bona Fide from Latin to English Bright Hub Education Bright Hub Inc 5 January 2012 Retrieved 6 February 2015 Adams John P May 2009 The Roman Concept of Fides sun edu good faith Law com Retrieved 3 March 2008 Good Faith as an international principle of law Trans Lex org Magna Carta 1215 Clause I Yam Seng PTE Ltd v International Trade Corporation Ltd 2013 EWHC 111 QB 2013 1 CLC 662 2013 BLR 147 2013 1 All ER Comm 1321 2013 1 Lloyd s Rep 526 146 Con LR 39 1 February 2013 High Court England and Wales SCC 71 scc csc lexum com 2014 Wikipedia Assume good faith Wikipedia The Free Encyclopedia 13 May 2005 20 361 UTC Wikipedia Assume good faith Goldspink Chris 2007 Normative self regulation in the emergence of global network institutions The Case of Wikipedia Proceedings of the 13th ANZSYS Conference Auckland New Zealand 2 5 December 2007 Systemic Development Local Solutions in a Global Environment Wagner C Prasarnphanich P 2007 Innovating collaborative content creation the role of altruism and wiki technology Proceedings of 40th Hawaii International Conference on System Sciences 3 6 January 2007 HawaiiExternal links Edit Wikiquote has quotations related to Good faith Look up good faith or bona fide in Wiktionary the free dictionary Good Faith Effort with California Department of Transportation Retrieved from https en wikipedia org w index php title Good faith amp oldid 1138568496, wikipedia, wiki, book, books, library,

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