Legal Definitions - de dolo malo

De dolo malo is a Latin legal phrase meaning "of or based on fraud." It refers to actions, agreements, or situations that are rooted in intentional deceit, misrepresentation, or a deliberate intent to mislead another party for personal gain or to cause harm.

Here are some examples to illustrate this concept:

• Example 1: Misleading Product Claims

  A company launches a new dietary supplement, claiming it can cure a specific illness based on "scientific studies" that were entirely fabricated. They market the product aggressively, knowing full well their claims are false and designed to exploit vulnerable consumers.

  Explanation: The company's entire marketing strategy and sale of the product are de dolo malo because they are founded on deliberate lies and fraudulent representations intended to deceive customers into purchasing an ineffective product.

• Example 2: Concealing Defects in a Sale

  A homeowner sells their house, knowing there is severe structural damage hidden behind a newly plastered wall that they intentionally concealed from potential buyers. During negotiations, they actively deny any knowledge of structural issues.

  Explanation: The homeowner's actions are de dolo malo because they deliberately hid a critical defect and made false statements to defraud the buyer into purchasing a property under false pretenses, thereby gaining an unfair advantage.

• Example 3: Forged Documents for a Loan

  An individual applies for a substantial business loan from a bank, submitting financial statements that they have expertly forged to inflate their assets and income, making their business appear far more solvent and profitable than it actually is.

  Explanation: The loan application, based on the submission of falsified documents, is an act de dolo malo. The individual intentionally used fraud to mislead the bank and secure a loan they would not otherwise qualify for, demonstrating a clear intent to deceive.