bona fide

/bowna faydiy/bowna fayd/

In or with good faith; honestly, openly, and sincerely; without deceit or fraud. Merrill v. Dept. of Motor Vehicles, 71 Cal.2d 907, 80 CaLRptr. 89, 458 P.2d 33.

Truly; actually; without simulation or pretense. Innocently; in the attitude of trust and confidence; without notice of fraud, etc. Real, actual, genuine, and not feigned. Bridgeport Mortgage & Realty Corporation v. Whitlock, 128 Conn. 57, 20 A.2d 414, 416.

See also good faith

@ bona fide business purpose

In tax law, this term is often used in determining whether a real business purpose in fact existed for carrying out a particular transaction.

See also business (business purpose)

@ bona fide error

Mistake made unintentionally; inadvertently; in good faith. Within meaning of Truth in Lending Act's exemption from liability for bona fide errors, "bona fide error" is error made in course of good-faith attempt at compliance with Act's requirements. Mirabal v. General Motors Acceptance Corp., C.A.I1L, 537 F.2d 871, 878

@ bona fide holder for value

An innocent or "bona fide holder for value" of negotiable paper is one who has taken it in good faith for a valuable consideration in the ordinary course of business and when it was not overdue. One who receives negotiable paper in payment of antecedent obligations without notice of prior equities.

Under U.C.C. No. 3-302, the requirements for a holder in due course are different from a mere bona fide holder for value.

See holder in due course

@ bona fide judgment creditor

One who in good faith, without fraud or collusion, recovers a judgment for money honestly due him

@ bona fide mortgage

Essential elements of status are good faith, valuable consideration, and absence of notice. Companaro v. Gondolfo, C.C.A.N.J., 60 F.2d 451, 452.

To constitute "bona fide mortgagee" there must be an absence of notice and payment of, or fixed liability for the consideration. Cambridge Production Credit Ass'n v. Patrick, 140 Ohio St. 521, 45 N.E.2d 751, 755

@ bona fide occupational qualification

(BFOQ)

Employment in particular jobs may not be limited to persons of a particular sex, religion, or national origin unless the employer can show that sex, religion, or national origin is an actual qualification for performing the job. The qualification is called a bona fide occupational qualification

@ bona fide operators

Substantial, as distinguished from incidental, sporadic, or infrequent service. Gonez v. Interstate Commerce Commission, D.C.Mass., 48 F.Supp. 286, 288

@ bona fide possessor

One who not only supposes himself to be the true proprietor of the land, but who is ignorant that his title is contested by some other person claiming a better right to it

@

- bona fide purchaser

- bona fide purchaser for value

- bona fide residence

- bona fide sale