Dolus Incidens Law and Legal Definition

Dolus Incidens is a Latin term for Incidental Fraud or fraud that does not affect the essential terms of an agreement. For example, a contract may be divisible so that while one part of it may be infected by fraud, the remainder may be valid and binding. Likewise a contract whose consideration is in part illegal is void only as to the illegal consideration. Similarly where a party agrees in the same document to sell two distinct species of land, each for a specified price, the contract as to one may be rescinded for fraud, while the contract as to the other stands. But, as a general rule, a party who repudiates a contract must do so in toto. S/he cannot appropriate its benefits and get rid of its burdens.