mala fide

mala fide englanniksi

1. In faith.

2. 2001, ''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 ''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''.