Legal Definitions - dolo circumventus

Dolo circumventus refers to a situation where an individual has been unfairly taken advantage of or manipulated through deceit or fraud. It describes a scenario where one party uses trickery, misrepresentation, or other fraudulent means to induce another party into an agreement or action that is against their best interests, often resulting in a significant disadvantage for the victim. Essentially, it means being "overreached by fraud."

Here are some examples to illustrate this concept:

• Example 1: Investment Scam

  An elderly widow, unfamiliar with complex financial products, is approached by a charismatic financial advisor. The advisor, knowing her vulnerability and desire for a secure retirement, deliberately misrepresents a high-risk, speculative investment as a guaranteed, low-risk opportunity. He provides her with misleading brochures and avoids answering direct questions about potential losses, ultimately convincing her to invest a substantial portion of her life savings, which she subsequently loses.

  Explanation: The widow was dolo circumventus because the financial advisor used fraudulent misrepresentations and omissions to trick her into making a financially detrimental decision that she would not have made had she known the true nature of the investment.

• Example 2: Business Acquisition Deception

  A small tech startup is in negotiations to be acquired by a larger corporation. During due diligence, the acquiring corporation intentionally provides falsified user engagement metrics and inflated revenue projections for its own complementary product line. Based on these fraudulent figures, the startup's founders agree to a lower acquisition price, believing their technology will integrate into a much more successful and rapidly growing ecosystem than actually exists.

  Explanation: The startup founders were dolo circumventus because the acquiring corporation used deliberate fraud (falsified metrics and projections) to manipulate the perceived value of the deal, causing the founders to accept an unfavorable acquisition price.

• Example 3: Real Estate Exploitation

  A young adult inherits a rural property but has no knowledge of real estate values or local development plans. A distant relative, aware that the property is slated for a major infrastructure project that will significantly increase its value, approaches the heir. The relative falsely claims the land is difficult to develop, has environmental issues, and is worth very little, offering to buy it for a fraction of its true market value. The relative pressures the heir to sign a quick sale agreement, preventing them from seeking independent appraisals or legal advice.

  Explanation: The heir was dolo circumventus because the relative used fraudulent misrepresentation about the property's value and undue pressure to trick them into selling a valuable asset for a significantly reduced price, taking advantage of their lack of knowledge.