In a wide sense, the Roman law distinguishes between”good,” or rather “permissible” dolus and “bad” or fraudulent dolus. The former isjustifiable or allowable deceit; it is that which a man may employ in self-defense againstan unlawful attack, or for another permissible purpose, as when one dissembles thetruth to prevent a lunatic from injuring himself or others. The latter exists where oneintentionally misleads another or takes advantage of another’s error wrongfully, by anyform of deception, fraud, or cheating. Mackeld. Rom. Law.
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