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Simple English definitions for legal terms
dolus
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A quick definition of dolus:
Term: Dolus
Definition: Dolus is a Latin word that means fraud or deceit. It refers to behavior that is intended to deceive someone or is done in bad faith. It can also mean intentional aggression or willful injury to someone's property. Dolus malus is a type of dolus that refers to evil or fraudulent design or intent. On the other hand, dolus bonus is justifiable deceit, such as lying to an attacker to prevent an assault. Dolus dans locum contractui is a type of dolus that refers to fraudulent misrepresentation that induced someone to enter into a contract. Dolus incidens is a type of dolus that refers to fraud that does not affect the essential terms of an agreement.
A more thorough explanation:
Dolus is a Latin term that means "device" or "artifice." In Roman and civil law, it refers to:
- Fraud or deceit, which is conduct intended to deceive someone or bad faith. Fraud always includes dolus, but there may be dolus without fraud.
- Intentional aggression or willful injury, especially to another's property.
For example, if someone lies to another person to induce them to enter into a contract, and that lie is instrumental in inducing the other person to enter into the contract, it is considered dolus dans locum contractui.
Dolus malus is a specific type of dolus that refers to evil or fraudulent design or intent, which is an unjustifiable deceit. Dolus bonus, on the other hand, refers to shrewdness or justifiable deceit, such as lying to an attacker to prevent an assault. Dolus bonus does not produce any legal consequences.
Overall, dolus refers to intentional wrongdoing or deceitful behavior that can have legal consequences.