Dolus Dans Locum Contractui

Fraud or deceit giving occasion for the contract. This phrase is applied to a false representation, when it is such as to induce the contract. The phrase is commonly used in expressing the rule that a contract is not voidable for misrepresentations unless the representation was dans locum contractui, i. e., unless it induced the misled party to enter into the contract. Therefore, if the person to whom the false representations were made fiid not rely on it, but made further inquiries, he could not afterwards make use of it to avoid the contract. 6 Clark & F. 444.