Dolus

Lat. In the civil law. Deceit; fraud. Otherwise called dolus malus, (q. v.) Fraud is the word most commonly used to define this term, but deceit appears to be the more strictly accurate expression. The civilians drew various distinctions between dolus and fraus, some of which seem to be still recognized; making the essence of the former to be the intention to deceive, while the latter imported actual damage or detriment.

Calvin. Lex. Jur. 2 Kent's Com. 560, note.

Mr. Justice Story thinks it questionable whether dolus was used in the Roman law in the intense sense of the word fraud (that is intentional fraud,) in our law.

Story on Bailm. § 20 a.

In Scotch law it is translated by a word framed immediately from the Latin, viz. dole. Design; evil or criminal intention; malice. Si dolo aut culpa homo occisus fuerit; if a man have been killed through design or carelessness.

Inst. 4. 3. 14.

See Doli capax. Dolus versatur in generalibus. Fraud deals in generalities.

2 Co. 34 a. 3 Id. 81 a.

Otherwise expressed, dolus latet in generalibus. A person intending to deceive deals in general terms.

Wingate's Max. 636, max. 165. Broom's Max. 321.

Dolus circuitu non purgatur

Fraud is not purged by circuity.

Bacon's Max. 4.

Dolus et fraus nemini patrocinari debent

Deceit and fraud shall excuse or benefit no man.

Yearbook 14 Hen. VIII. 8. Best on Evid. 469, § 428. 1 Story's Equity Jur. § 395.

Lata culpa dolo aequiparatur

Gross negligence is tantamount to fraud, (or evil design.)

See Culpa.