Fraus

Tat. Fraud. More commonly enlled, in the civil law, “dolws” and “dolus malus,”(q.0.) A distinction, however, was sometimes made between “ fraus” and “dulus;” the former being held to be of tha mnvsat extensive import. Calvin. ment of some fact thal is material to the contract, and had the truth regarding which been known the contract would not have been made as made, is called a “fraud dans locum contraciut;” zt, ¢., a fraud occasioning the contract, or giving place or occasion for the contract.: Fraus est celare fraudem,. Itisa fraud to conceal a fraud.

1 Vern. 240; 1 Story, Eq. Jur. $§ 389, 390.

Fraus est odiosa et non preesumenda

Fraud is odious, and not to be presumed.

Cro. Car. 550.

Fraus et dolus nemini patrocinari debent

Fraud and deceib should defend or excuse noman.

3 Coke, 78; Fleta, lib. 1, ¢. 18, § 15; Id. lib. 6, c. 6, § 5.

Fraus ef jus nungquam cohabitant.

Wing. 680.

Fraud and justice never dwell together. ¥Fraus latet in generalibus. Fraud lies hid in general expressions.