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NeCede's

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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