Each week we select a legal term or phrase that’s commonly misunderstood, interesting, or could save you from a painfully embarrassing mispronunciation at your next office party. This week’s word is the latter.

Written by: Darci G. Van Duzer

Most people have, from time to time, found themselves stranded in front of the television set at 2 a.m. suffering from an acute case of insomnia. During the course of the fascinating late night infomercial hawking the new caulking ray-gun home security device that seals cracks while preventing ninja attacks, the announcer states, “This item is 100% guaranteed; created by a bona fide expert in the field.” Although the brain realizes that the use of Latin somehow lends credibility to the announcer, what exactly does “bona fide” mean?

“Bona fide”- pronounced bo-nuh feid, NOT bo-nuh fee-day - literally signifies “in good faith,” but has evolved in common parlance to encompass a variety of meanings dependant upon its context. Generally, the term is used to denote that a person or thing is genuine, that something is without fraud or deceit. People often refer to someone’s “bona fides,” meaning their credentials or documentation. The phrase is also used to emphasize authenticity or legitimacy, such as a bona fide artist, or bona fide prodigy.

When used in the legal context the term takes on a somewhat different meaning. More often “bona fide” will have to do with a person’s state of mind or intent. In contract law the term refers to the requirement that parties entering into a contract or transaction do so in good faith, without fraudulent means or motives. The absence of this good faith intent (or honesty) can void a contract in some cases, and may be a factor weighed by the court in deciding damages. A “bona fide occupational qualification” is an affirmative defense in employment discrimination cases allowing employers to consider certain characteristics when hiring or firing employees that would otherwise be unlawful under civil rights laws. This defense essentially means that the employer has a genuine and valid reason for its decision not arising from unlawful discrimination. The “bona fide purchaser” is a term used in the law of real and personal property to refer to an innocent party who purchases property without notice that anyone else already has title or claim to that particular property. Again, the term “bona fide” refers to the intent of the party as being genuine or without deception.

The mere use of the term “bona fide” cannot in and of itself authenticate the intent of a person, a fact that late-night viewers would be well served to remember. Though the ray-gun expert may be what he or she claims, and there may in fact be a roving band of ninjas bent on home invasion, chances are that the expert’s bona fides aren’t really that bona fide.  The law can only require good faith; it can’t ensure that it always exists.