DOLUS

Definition of DOLUS in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DOLUS

In the civil law. Guile; deceitfulness; malicious fraud. A fraudulent address or trick used to deceive someone, 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. Traitê de Depot, nn. 23, 27; Story, Bailm. § 20a; 2 Kent, Comm. 506, note. Fraud, willfulness, or intentionality. 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. Brown.

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