Maxim 1.5.207
Those fears are to be esteemed vain which do not affect a firm man.
Qui non cadunt in constantem virum vani timores sunt aestimandi.
Source: 7 Co. 27; Jackson; Weisman, 95ff
Difficulty 2/5 — Approachable
Explanation
Duress is measured by an objective standard — only threats that would overcome the will of a person of ordinary firmness are legally cognizable.
Where this applies
- A person claims they signed a contract under duress because they were scared of losing money.
- Someone argues they were coerced but the alleged threat would not have frightened a reasonable person.
Legal domains
Cite this maxim
NeCede Max. 1.5.207 — Those fears are to be esteemed vain which do not affect a firm man. — 7 Co. 27; Jackson; Weisman, 95ff (Qui non cadunt in constantem virum vani timores sunt aestimandi.)
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