Dolus

In the civil law. Guile; deeeitfulness; malicious frand. <A fraudulent address or trick used to deceiye some one; afraud.

Dig. 4, 3,1.

Any subtle contriv- Such acts or omissions as operate ag a deception upon the other party, or violate the just confidence reposed by him, whether there be a deceitful intent (madus animus) or not. Poth, Traité de Dépit, nn.

28, 27; Story, Bailm. § 20a; 2 Kent, Comm. 506, note.

Fraud, willfulness, or intentionality. In that use it is opposed to~ulpa, which is negligence merely, in greater or less degree. The policy of the law may sometimes treat extreme culpa as if it were dolus, upon the maxim culpa dole comparatur. A person is always liable for dolus producing damage, but not always for culpa producing damage, even though extreme, e. g., a depositary is only liable for dolus, and not for negligence. Brown. Dolus auctoris non nocet successori. The fraud of a predecessor prejudices not his successor.

Dolus cireuitu non purgatur

Fraud is not purged by cireuity.

Bac. Max. 4; Broom, Max. 228.

DOLUS DANS LOCUM CONTRACT- UI. Fraud (or deceit) giving rise to the contract; thatis, afraudulent misrepresentation made by one of the parties to the contract, and relied upon by the other, and which was actually instrumental in inducing the latter to enter into the contract. Dolus est machinatio, cum aliud dissimulat aliud agit. Lane, 47, Deceit is an artifice, since it pretends one thing and does another. Dolus et fraus nemini patrocinentur, (patrocinari debent.) Deceit and fraud shall excuse or benelit no man.

Yearb, 14 Hen. VIII. 8; Best, Ev. p. 409, § 428; 1 Story, Eq. Jur. § 395.

Dolus latetin generalibus

Fraud lurks in generalities.

Tray. Lat. Max. 162.