Dolus Malus

Lat. In the dyil law. Fraud; evil design; the intentional endeavoring to injure another hj fraudulent delusion or other unlawful means.* Defined in the Digests, after Laheo, to he— omnmn ca Uiditatem, jfallaaam, machination^ em ad circumvemswlumf fallendum, deeipiendum alterum adh Untam; (every kind of craft, deceit and contrivance used to circumvent, deceive and mislead another.) Dig. 4.

3. 1. 2.

Said to he so called to dbtbffuish it from doltis bontu, (justifiable deceit) which was allowed in certain cases, as in self defence against an unlawful attack.

1 Mackeld, Civ, Law, 165, § 166.

Calvin's Lex, Jurid, Bz d«l« »«!• »mm Mrilwr aeU«. Out of fraud no action arises.

Lord Mansfield, C<nffp, 841 — 343.

A right of action cannot arise out of fraud. No contract can arise out of a fraud; and an action brought upon a supposed contract, which is shown to have arisen from fraud, may be resisted.

Broom's Max. 349.