Which are the two kinds of fraud?

Which are the two kinds of fraud?

• A. Dolo causante and Dolo incidente
• B. Dolo causante and Dolo neglegens
• C. Incidental fraud and Fraudulent misrepresentation
• D. Dolo accident and Dolo negligence

Answer: (A)

Fraud (dolo) that vitiates consent comes in two forms: dolo causante and dolo incidente. Dolo causante is the deceit that actually induces the contract—the misrepresentation goes to essential facts the agreement is based on, so the consent is truly and knowingly obtained through fraud. When this happens, the contract is generally voidable at the option of the injured party, and remedies like rescission or damages follow because the fraud was the decisive reason for contracting. Dolo incidente, by contrast, is deceit that accompanies the contract but is not the main reason for agreeing to it—the misrepresentation is collateral or incidental. The contract may still be valid, but the deceived party can still seek damages for the deceit and may have other remedies depending on the facts. That distinction—whether the fraud is the principal cause of entering into the contract or merely an incidental deceit—is why the standard terms dolo causante and dolo incidente are the correct pairing. The other options use terms that aren’t the recognized categories for fraud in this context.

Fraud (dolo) that vitiates consent comes in two forms: dolo causante and dolo incidente. Dolo causante is the deceit that actually induces the contract—the misrepresentation goes to essential facts the agreement is based on, so the consent is truly and knowingly obtained through fraud. When this happens, the contract is generally voidable at the option of the injured party, and remedies like rescission or damages follow because the fraud was the decisive reason for contracting.

Dolo incidente, by contrast, is deceit that accompanies the contract but is not the main reason for agreeing to it—the misrepresentation is collateral or incidental. The contract may still be valid, but the deceived party can still seek damages for the deceit and may have other remedies depending on the facts.

That distinction—whether the fraud is the principal cause of entering into the contract or merely an incidental deceit—is why the standard terms dolo causante and dolo incidente are the correct pairing. The other options use terms that aren’t the recognized categories for fraud in this context.