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What is Dolus Incidens? A Deep Dive into Incidental Fraud
Definition & Meaning
Dolus incidens refers to incidental fraud, which occurs when a fraudulent act does not impact the essential terms of a contract. This means that while one part of a contract may be affected by fraud, other parts can remain valid and enforceable. For example, if a contract involves multiple agreements, such as selling different parcels of land, a fraudulent claim related to one parcel does not necessarily invalidate the entire contract. In general, a party that wants to reject a contract must do so in its entirety; they cannot selectively keep the benefits while discarding the burdens.
Table of content
Legal Use & context
Dolus incidens is commonly used in contract law, particularly in civil cases involving disputes over agreements. It is relevant in situations where fraud is alleged but does not undermine the entire contract. Understanding this term can help individuals navigate legal agreements more effectively. Users may find legal forms helpful in drafting or disputing contracts that may involve elements of incidental fraud.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person sells two plots of land in a single contract. If the seller falsely claims that one plot has a clear title, the buyer can rescind that part of the contract for fraud, but the sale of the other plot may still stand as valid.
Example 2: A contract for services includes a clause that is misleading regarding the costs involved. If the misleading information does not affect the overall agreement, the contract may still be enforceable, except for the specific misleading clause. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Notes
California
Incidental fraud may allow for partial enforcement of contracts.
New York
Fraud must be proven to affect the contract's essential terms to void it.
Texas
Similar principles apply, but specific state laws may influence outcomes.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Dolus Malus
Intentional fraud that affects the core terms of an agreement.
Dolus malus voids the entire contract, unlike dolus incidens.
Misrepresentation
A false statement that induces a party to enter into a contract.
Misrepresentation may not involve intent to deceive, unlike dolus incidens.
Common misunderstandings
What to do if this term applies to you
If you suspect that dolus incidens applies to your contract, consider the following steps:
Review the contract carefully to identify any fraudulent elements.
Consult with a legal professional to understand your options.
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