Dolus

In the civil law. Guile; deceitfulness; malicious fraud. A fraudulent address or trick used to deceive some one; a fraud. Dig. 4, 3, 1. Any subtle contrivance by words or acts with a design to circumvent. 2 Kent, Comm. 560; Code, 2, 21. Such acts or omissions as operate as a deception upon the other party, or violate the just confidence reposed by him, whether there be a deceitful intent (malus animus) or not Poth. Traits de D6p6t, nn. 23, 27; Story, Bailm. § 20a; 2 Kent, Comm. 506, note. Fraud, willfulness, or intentlonality. In that use it is opposed to culpa, 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 dolo 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 bonus, dolus malus. In a wide sense, the Roman law distinguishes between "good," or rather "permissible" dolus and "bad" or fraudulent dolus. The former is justifiable or allowable deceit; it is that which a man may employ in self-defense against an unlawful attack, or for another permissible purpose, as when one dissembles the truth to prevent a lunatic from injuring himself or others. The latter exists where one intentionally misleads another or takes advantage of another's error wrongfully, by any form of deception, fraud, or cheating. Mackeld. Rom. Law, § 179 ; Broom, Max. 349 ; 2 Kent, Comm. 560, note.

— Dolus daus locum contractui. Fraud (or deceit) giving rise to the contract; that is, a fraudulent misrepresentation made by, one of the parties to the contract, and relied upon by the other, and which was acfually instrumental in inducing the latter to enter into the contract.

— Doli capax. Capable of malice or criminni intention; having sufficient discretion and intelligence to distinguish between right and wrong, and so to become amenable to the criminal laws.

— Doli incapax. Incapable of criminal intention or malice; not of the age of discretion; not possessed of sufficient discretion and intelligence to distinguish between right and wrong to the extent of being criminally responsible for his actions.