DOLUS

In the civil law. Guile; de- ceitfulness; malicious fraud. A fraudulent addressor trick used to deceive some one; a fraud. Dig. 4, 3, 1. Any subtle contrivance bywords 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 violatethe just confidence reposed by hiin, whether there be a deceitful intent {mains animus)or not Poth. Traite de D6pot, nn. 23, 27; Story, Bailm. S 20a; 2 Kent, Comm. 506, note.Fraud, willfulness, or intentionality. In that use It is opposed to culpa, which isnegligence merely, In greater or less degree. The policy of the law may sometimestreat extreme culpa as if it were dolus, upon the maxim culpa dolo comparatur. Aperson is always liable for dolus producing damage, but not always for culpa producingdamage, even though extreme, e. g

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