Fraud and duress

A Manual of Moral Theology for English-Speaking Countries

Thomas Slater, S.J. — 2 passages

Vol. I, Bk. VII, Pt. I, Chapter II. On Consent, nn. 4 & 5 (2 passages — hover a number to read it)

Manual of Moral Theology (Manuale Theologiae Moralis)

Ludovicus Wouters, C.SS.R. — 8 passages

Vol. I, Bk. I, Tr. III, Diss. I, Pt. II, Sect. II, Ch. II, Article I. On Prudence, n. 376 — VI. Opposed Vices. Vices opposed to prudence are some by defect, others by excess. 1. Vices by defect are called by the common name of imprudence, and they are four: precipitation, inconsideration, inconstancy, and negli… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § II. On the Subject of Contract, n. 831 — II. Consequences of incapacity. Contracts entered into by one civilly incapable are commonly made void in this sense, that they can be rescinded by the judge in a case in which rescission is legitimately sought. Civil la… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § IV, Point II, I. Error, n. 837 — II. Influence upon the contract. Error concerning the nature of the contract, as is clear, makes the contract void. Hence now let us speak about error which concerns the object of the contract. Now then: 1. Substantial e… Read in context →

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § IV, Point II, II. Fear, nn. 838, 839 & 840 (3 passages — hover a number to read it)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. I, Ch. II, Art. I, § IV, Point II, Scholion. Lesion, nn. 841 & 842 (2 passages — hover a number to read it)

Moral Theology: A Complete Course (McHugh & Callan)

John A. McHugh, O.P., and Charles J. Callan, O.P. — 12 passages

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, Contracts, n. 1884 — Defects that Invalidate Consent. Defects that Invalidate Consent.—The defects that vitiate consent by taking away knowledge or choice render contracts either void or voidable (see 40-55). These impediments are the following: (a) error, which is a judgme… Read in context →

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, Fraud in Contracts, nn. 2121 & 2122 (2 passages — hover a number to read it)

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, In Sales, nn. 2123, 2124, 2125, 2126, 2127, 2129, 2130, 2131 & 2132 (9 passages — hover a number to read it)

Institutions of Moral Theology (Institutiones Theologiae Moralis)

Gennaro Bucceroni, S.J. — 15 passages

Vol. I, On Laws, IV. On the Obligation of Law, nn. 207 & 221 (2 passages — hover a number to read it)

Vol. I, On Sins and Virtues, V. On the Capital Vices, n. 324 — What are the daughters of avarice? - They are the following: 1. Hardening of heart, against mercy, by not compassionating the needy and poor, by reproaching them, by demanding debts too harshly when the debtor is not abl… Read in context →

Vol. I, On Sins and Virtues, VI. On Virtues, n. 346 — What is prudence, what are its parts, and what vices are opposed to it? R. To the first. It is a certain special virtue of the practical intellect, by which in any business occurring we know what is honorable, what shame… Read in context →

Vol. I, On the Second Precept of t…, III. On Oath, n. 563 — Does a promissory oath emitted through error or deceit oblige? - R. Negative, if the error or deceit concerns the substance of the thing; but otherwise if it affects only its accidental adjuncts, because a simple contrac… Read in context →

Vol. I, On the Second Precept of t…, IV. On Vow, n. 575 — Is a vow made through error valid? - R. Negatively, if the error concerns the substance of the thing, or substantial circumstances, or those which are principally intended, or pertain to the substance, or notably change … Read in context →

Vol. II, On the Seventh and Tenth P…, IV. On the Modes of Acquiring Ownership by Private Will, n. 943 — Do error and fraud invalidate a contract? A twofold fraud is distinguished: good fraud and bad fraud. Good fraud is nothing other than a certain skillfulness in acting, and in this sense Ulpian said that it is lawful for… Read in context →

Vol. II, On the Seventh and Tenth P…, XXIV. On Restitution from Unjust Damaging, n. 1357 — Whether from damaging there arises an obligation of restitution? A damager is called one who injures another's right, harming his neighbor in his goods, yet without becoming richer thereby. Wherefore damaging is a source… Read in context →

Vol. III, On the Particular Obligati…, IV. On Profession, n. 277 — What things are required for religious profession? - For the value of profession there is required: 1. That the person be fit for entering religion. - 2. That the one professing has completed the sixteenth year, computin… Read in context →

Vol. III, On Penance, XI. On Reservation, n. 797 — Who can absolve from reserved matters, and when? - Besides the Roman Pontiff and the Major Penitentiary, those who reserve, and those who act in their place, can absolve by ordinary right. Therefore Bishops absolve from … Read in context →

Vol. IV, On Marriage, I. On Betrothals and on the Banns, n. 921 — Are betrothals contracted through deceit giving cause to the contract void, even if the deceit is about a quality, for example riches, qualities of body or soul? This is disputed. The first opinion, sufficiently probable… Read in context →

Vol. IV, On Marriage, II. On the Nature and Properties of Marriage, n. 962 — What is to be done if someone says that he consented fictitiously? - As regards the external forum, credence is not given to him, unless from the circumstances it is clear that he was either deceived by fraud or induced … Read in context →

Vol. IV, On Marriage, III. On the Impediments of Marriage, nn. 1022, 1024 & 1026 (3 passages — hover a number to read it)

Synopsis of Moral and Pastoral Theology

Adolphe Tanquerey, S.S. — 9 passages

Vol. III, Contracts, and the Obligat…, On the Virtue of Justice (…, Part II — Chapter I: On Contracts in General, nn. 630, 631, 632, 633, 634, 635, 636, 637 & 638 (9 passages — hover a number to read it)

Theologia Moralis Sancti Alphonsi: Reduced into a Compendium

Anthony Konings, C.SS.R. — 13 passages

Vol. I, TREATISE ON CONTRACTS, FIRST PART: ON CONTRACTS I…, Ch. I, Art. III, § II. On Defects Opposed to Consent, nn. ¶1, ¶2, ¶848, ¶849, ¶850, ¶851, ¶852, ¶3, ¶853, ¶854, ¶855, ¶856 & ¶857 (13 passages — hover a number to read it)

Summa Theologiae Moralis

Benedict Henry Merkelbach, O.P. — 40 passages

Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Third Part: Concerning Com…, Sect. C, Ch. I, Question Two: On Consent Required for Contract, nn. 458, 459, 460, 461, 462 & 463 (40 passages — hover a number to read it)

Compendium of Moral Theology

Aloysius Sabetti, S.J., and Timothy Barrett, S.J. — 4 passages

Vol. I, Tr. IX, Pt. I, Ch. II, Art. III, § II. On Those Things which Can Vitiate Consent, nn. ¶1, 491, 492 & 493 (4 passages — hover a number to read it)

Palladium Theologicum, Tome V: On the Virtues

Gaudentius Bontempi of Brescia, O.F.M. Cap. — 104 passages

Tr. II, Disputation I: On Contract…, Question III: How error, or fraud, vitiates a contract, nn. 1–28 (28 passages)

Tr. II, Disputation I: On Contract…, Question IV: How fear voids a contract, nn. 1–76 (76 passages)