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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.
Simple intention (dolus eventualis) is enough, except in cases where that would be illogical with the cover- up motive.
Indeed, some commentators consider "dolus" to be the appropriate standard.
The view that foresight of only the "possibility" of the consequences resulting from an accuseds act is sufficient for "dolus eventualis" can now be regarded as settled law.
