Legal Definitions - dolus

Dolus, in legal terms, refers to a deliberate and wrongful intent behind an action. It signifies bad faith, deceit, or a willful intention to cause harm, injury, or loss to another person or their property. Essentially, it implies a conscious decision to act improperly, often with the aim of misleading or disadvantaging someone.

• Example 1: Fraudulent Misrepresentation in a Sale

  Imagine a real estate developer who is selling new homes. The developer knows that a particular plot of land is prone to severe flooding during heavy rains, a fact that would significantly deter potential buyers. To ensure a quick sale, the developer deliberately instructs their sales agents to tell all prospective buyers that the area has "excellent drainage" and "no history of water issues," even providing doctored reports to support these false claims.

  This scenario illustrates dolus because the developer acted with a deliberate and wrongful intent to deceive buyers. Their actions involved bad faith and intentional misrepresentation of facts, aiming to mislead buyers into purchasing property under false pretenses, thereby causing potential financial harm.

• Example 2: Willful Damage to Property

  Consider a situation where two neighbors have an ongoing dispute over a property line. One neighbor, out of spite and frustration, intentionally drives their vehicle across the other neighbor's newly landscaped garden multiple times, crushing plants, breaking irrigation lines, and damaging decorative features.

  This act demonstrates dolus because the neighbor's actions were not accidental but a willful and deliberate intention to cause harm and injury to the other neighbor's property. The intent was malicious and aimed at causing damage and distress.