In the civil law. Guile; deceitfulness; malicious fraud. A fraudulent address or trick used to deceive some one; a fraud. Dig. 4, 3, 1. Any subtle contrivance by words or acts with a design to circumvent. 2 Kent, Comm. 560; Code, 2, 21.
Such acts or omissions as operate as a deception upon the other party, or violate the just confidence reposed by him, whether there be a deceitful intent {mains animus) or not. Poth. Tralte de Depot, nn. 23, 27; Story, Bailm. i 20a; 2 Kent, Comm. 506, note
Fraud, willfulness, or intentionality. In that use it is opposed to culpa, which is negligence merely, in greater or less degree; The policy of the law may sometimes treat extreme culpa as if it were dolus, upon the maxim culpa dolo comparatur. A person is always liable for dolus producing damage, but not always for culpa producing damage, even though extreme, e. p., a depositary la only liable for dolus, and not for negligence. Brown. Dolus bonus, dolus mains. In a wide sense, the Roman law distinguishes between o’good,” or rather “permissible” dolus and “bad” or fraudulent dolus. The former is justifiable or allowable deceit: it is that which a man may employ in self-defense against an unlawful attack, or for another permissible purpose, as when one dissembles the truth to prevent a lunatic from injuring himself or others. The latter exists where one intentionally misleads another or takes advantage of another’s error wrongfully, by any form of deception, fraud, or cheating. Mackeld. Rom. Law,