Legal Definitions - ex capite doli

Ex capite doli is a historical Latin legal phrase that translates to "on the ground of fraud" or "for the reason of deceit." It was used to indicate that a legal action, claim, or challenge was based fundamentally on an act of fraud or intentional misrepresentation. Essentially, it meant that the deceit committed by one party was the primary justification for the legal remedy sought by another.

• Example 1 (Contract Law): A small business owner purchases a new piece of manufacturing equipment after the seller falsely claims it can produce twice the actual output. When the owner discovers the deception, they might seek to void the purchase agreement. The legal basis for voiding the contract would be `ex capite doli`, as the fraud committed by the seller is the direct reason for the owner's claim.

• Example 2 (Property Law): An elderly individual is persuaded to sell their valuable antique collection at a significantly undervalued price by a buyer who deliberately misrepresents the items' market worth and the urgency of the sale. If the individual later discovers the buyer's intentional deception, they could challenge the sale. The claim would be made `ex capite doli`, arguing that the buyer's fraudulent misrepresentations were the sole reason for the unfair transaction.

• Example 3 (Inheritance Law): A distant relative convinces a wealthy but ailing person to change their will, leaving a substantial portion of their estate to the relative, by fabricating stories about other family members' financial stability and disinterest in the ailing person's well-being. After the person's passing, the original beneficiaries discover the deceit. They could contest the will, asserting that the changes were made `ex capite doli`, meaning the will was altered due to the relative's fraudulent influence and misrepresentations.