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.

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.

Device, artifice, guile, craft, itention to deceive, — especially when used,'itli mahis: actual fraud. Evil purpose; nlawful intention, illegal ill-will; legal lalice. Compare Culpa. Doli capax. Able to distinguish between ight and wrong; having capacity to intend i Tong, to cotumit crime. Doli incapax. ncapable of meditating wrong. Capacity for gu Ut is measured by the strength of lie understanding. Under seven years of age, an inant cannot be guilty of felony; under fourteen, bough he be prima facie adjudged doU incapax, yet E it appears that he was doli capax, and could discern letween good and evil, he may be convicted.* Dolus bonus. Craftiness which falls short >f fraud; as, adroitness in effecting a sale, lot amounting to false representation. Dolus malus. Actual false representaion, intended to injure. Ex dolo malo. See Ac Tiq. See Deceit; Fraud.

/. Praud; malice. Dolus malus: evil design. Dolus auctoris non nocet successori, nisi in causa lucrativa. the fraud of the author does not affect the successor, except [when he acquires] by a lucrative title [gratuitously]. Dolus cirouitu non purgatur: fraud is not purged by circuity [the taint is not removed by elaborate device, which makes the fraud remote]. Dolus versatur in generalibus: a person acting with fraudulent intent deals in general terms.

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.