0 a trick or false statement that has the intention of deceiving someone:
This is, in practice, considered as equivalent to dolus or fraud itself.
If the buyer has failed to take delivery, the seller is only liable for the consequences of his gross negligence ("culpa lata") or fraud ("dolus").
It may take one of two forms: intention (dolus); or negligence (culpa).
The plaintiff with a negative interest was precluded from an action if it was by his own fault ("dolus"), or other dishonest.
It is the same as "dolus" in criminal law.
Seen in this light it is difficult to accept that proof of dolus excludes culpa.
The fact that he had acted with "dolus indirectus" had also not been taken into account.
Criminal systems of the civil law tradition distinguish between intention in the broad sense ("dolus directus" and "dolus eventualis"), and negligence.
Once the creditor falls into mora, the debtor is liable only for dolus or culpa lata.
