Also known as: wilfulness, fault, or bad faith · bad faith · willful misconduct
Written by attorneys · grounded in primary & secondary sources — see below
A culpable mental state or conduct involving intentional wrongdoing or reckless disregard of legal duties or the rights of others. This standard determines when procedural protections, contractual limitations, or evidentiary rules yield to sanctions, liability, or exceptions. Courts apply it to prevent manipulation of process or abuse of authority.
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Wanda Williams filed a state-court suit against Westmont Healthcare seeking damages under $75,000. More than a year later she amended the complaint to add a federal claim exceeding that amount. The district court denied removal because Wanda had deliberately understated the amount in controversy to block the defendant from removing within the one-year window.
Warren Woods sued Willowbrook Capital over a disputed contract whose signed original had disappeared from the company's files. Willowbrook could not produce the document but showed it had been routinely destroyed under a neutral retention policy with no intent to hide evidence. The court allowed secondary evidence of the contract's terms.
William Williams threatened to sue Wren Wright for breach of a consulting agreement unless Wren paid an inflated sum. William knew the underlying claim lacked merit and used the threat solely to extract a settlement. The court refused to enforce the resulting agreement because the threat constituted improper means.
Winter Wolfe served as trustee of a family trust that contained a clause shielding her from liability for any breach. After she diverted trust funds for personal use, the beneficiaries sued. The court held the clause unenforceable because the diversion occurred in bad faith.
Willow West listed her home with Westbrook Dynamics under an exclusive-right-to-sell agreement. The broker produced a buyer ready to meet the listed price, but Willow refused to sign the contract in order to avoid paying the commission. The court awarded the commission anyway because the seller's refusal was in bad faith.
Wellesley Media's limited-partnership agreement contained a clause purporting to eliminate liability for any partner conduct. After one partner knowingly diverted partnership opportunities for personal gain, the other partners sued. The court refused to enforce the clause because the conduct involved bad faith and knowing violation of law.
A plaintiff acts in bad faith when she deliberately conceals the true amount in controversy or manipulates pleadings to prevent a defendant from removing within the statutory window. Courts examine whether the plaintiff intentionally understated damages or delayed disclosure to block removal. If such conduct is found, the one-year bar is lifted and removal is allowed.
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…In order to escape the rule articulated in the cases cited in the next paragraph of this opinion that, absent harassment and bad faith, a defendant in a pending state criminal case cannot affirmatively challenge in federal court the statutes under which the State is prosecuting him, Dr. Hallford seeks to distinguish his…
…by Rules 30 (b) and (d) and 31 (d), limitations inevitably arise when it can be shown that the examination is being conducted in bad faith or in such a manner as to annoy, embarrass or oppress the person subject to the inquiry. And as Rule 26 (b) provides, further limitations come into existence when the inquiry touches upon…
…police powers and that the means the legislature had chosen to serve those goals were not arbitrary, capricious, or selected in bad faith
…and safety of others. The harm BMW inflicted on Gore was purely economic, and the record contains no evidence that BMW acted in bad faith
…not establish an agreement to make only the patented product and does not establish that the license agreements were executed in bad faith
No. Secondary evidence is admissible when the original is lost or destroyed unless the proponent herself acted in bad faith to cause the loss. Routine destruction under a neutral retention policy, without intent to suppress evidence, does not constitute bad faith and permits admission of other proof of content.
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A threat of civil process is improper when made in bad faith, meaning the threatener knows the underlying claim lacks merit and uses the threat solely to extract an unfair settlement. The resulting agreement is unenforceable because the means employed were wrongful.
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An exculpatory clause is unenforceable to the extent it attempts to relieve a trustee or partner from liability for breach committed in bad faith or with reckless indifference to beneficiaries or the entity's interests. Courts will not honor clauses that shield intentional misconduct or knowing violations of law.
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No. When a broker produces a buyer ready, willing, and able to purchase on the seller's terms, the seller may not in bad faith refuse to close and then deny the commission. The broker earns the commission upon producing the buyer, and the seller's bad-faith refusal does not defeat that right.
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