Oct 27, 2011 08:40
12 yrs ago
15 viewers *
French term

mauvaise foi caractérisée

French to English Law/Patents Law (general)
Court case about an acrimonious succession, but this phrase crops up all over the place... in this instance X and Y are accused of misappropriation of goods, and of concealment:

"S'entendre condamner X et Y au paiement d'une somme de 0000 à titre de dommages et intérêts pour résistance abusive et mauvaise foi caractérisée;"

Proposed translations

+2
8 hrs
Selected

consistently (acting in) bad faith

"Caractérisé" is used to describe a type of behaviour which has become systematic, characteristic, part of a person's normal way of behaving. It can de used to define particular behaviour in particular specified circumstances.

With respect to previous suggestions, that is a little different from 'utmost' or 'blatant'. The meaning of "caractérisé" suggests that a type of behaviour is repeated, characteristic, common... not quite the same thing.

I would probably turn the sentence around to read a little more naturally to convey the meaning that the person has systematically or consistently acted in bad faith.

Check a good standard dictionary for meaning.
Peer comment(s):

agree Dr. Mara Huber
2 days 19 hrs
agree Nigel Wheatley : in general terms, the bad faith has to be shown more than once for it to be 'caractarisée'
5 days
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3 KudoZ points awarded for this answer. Comment: "yes, I'm persuaded... thanks!"
+4
13 mins

blatant bad faith

..
Peer comment(s):

agree jmleger : That's what i would have said... in all blatant good faith.
3 hrs
Thanks
neutral Nikki Scott-Despaigne : Not quite a natural solution in my view and a little off the mark for meaning, 'caractérisé' actually meaning that a particular type of behvaiour is cahracteristic of the person's way of doing things. It implies habit, a trait of personality almost.
4 hrs
agree piazza d
4 hrs
Thanks
agree Jean-Claude Gouin
8 hrs
Thanks
agree Kelly Harrison
10 hrs
Thanks
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2 hrs

utmost bad faith

another possibility

clear case of bad faith
Something went wrong...
12 hrs

patent bad faith

same idea but might fit the legal register better
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