Also known as: dolus est machinatio · dolus · dolus malus · fraud · deceit
Written by attorneys · grounded in primary & secondary sources — see below
An act of deceit consisting of pretending one thing while doing another. The maxim identifies fraud as a scheme in which the actor conceals true intentions to induce reliance or gain entry.
Select any source to read its text and confirm it supports the definition.
Deborah Dunn told the homeowner she was a city inspector checking for gas leaks. Once inside the living room she unlocked a window for later entry and stole jewelry. The use of the false identity satisfied the breaking element because the homeowner's consent was obtained by fraud.
Dolores Diaz sold her home to Delta Dynamics. The deed contained no warranty about the roof. After closing the buyer discovered the seller had concealed active leaks. Because the nondisclosure amounted to fraud the merger doctrine did not bar the buyer's contract claim.
Dominion Capital sued Dawson Steel alleging the defendant had misrepresented its financial condition to induce a loan. The complaint stated only that the statements were false. The court dismissed the claim because the circumstances of the alleged fraud were not pleaded with particularity.
Duarte Shipping asked its lawyer to prepare documents that would conceal inventory from creditors. After the lawyer explained the limits on assisting fraud the client insisted on proceeding. The lawyer was required to withdraw from the representation.
Darrell Duncan formed Delta Dynamics with minimal capital and used the entity to contract with suppliers while diverting all receipts to his personal account. When the corporation defaulted the court disregarded the corporate form because the entity had been used to perpetrate fraud.
Diane Dawson offered a will for probate. Delilah Duran challenged it claiming the testator had been told the document disinherited no one when it actually left everything to Diane. The contestant bore the burden of proving the will was procured by fraud.
The maxim captures the idea that entry obtained by fraud or threats counts as a constructive breaking. Consent procured by deceit is treated as no consent at all for purposes of the trespass element.
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No. The merger doctrine does not extinguish claims based on fraud. A buyer may still sue for fraudulent concealment or misrepresentation even after accepting the deed.
…may be those which both parties might fairly be supposed to have contemplated at the time of contracting. It was argued that fraud does not alter the logical basis of liability for natural consequences and that there was ample evidence that the defendants knew the purpose for which the shaft was sent and that…
…the law was to " discriminate against hippies.'" 413 U. S., at 534. The asserted governmental interest in preventing food stamp fraud was not deemed sufficient to satisfy rational basis review. Id. , at 535-538. In Eisenstadt v. Baird , 405 U. S. 438, 447-455 (1972), we refused to sanction a law that discriminated…
…of its corporate laws, in assuring the solvency and fair management of its domestic corporations, and in protecting from fraud those shareholders who placed their faith in that state-created institution. [^maj-5]: In fact, it is quite plausible that the Delaware Legislature never felt the need to assert direct…
…to § 10(b) and Rule 10b-5 has been based on doctrines with which we, as judges, are familiar: common-law doctrines of fraud and deceit
…Pharmacy Board, supra , the remedy of one defraud
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Rule 9(b) requires the circumstances of the fraud to be stated with particularity. The complaint must identify the who, what, when, where, and how of the alleged misrepresentations.
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Withdrawal is mandatory when the client persists in using the lawyer's services to commit or further a crime or fraud after the lawyer has explained the ethical limits.
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The plaintiff must prove both that the corporation was the alter ego of its owners and that respecting the corporate form would sanction fraud or promote injustice.
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The contestant of the will has the burden of establishing fraud. The proponent must first prove due execution. The contestant then must prove lack of capacity, undue influence, fraud, or revocation.
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