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NeCede's

Maxim 3.6.2

An act done against my will is not my act.

Actus me invito factus non est meus actus.

Source: Bract. fol. 101b; Peloubet, Legal Maxims no. 62; Broom, Max. 270; Weisman, 2q Difficulty 1/5 — Foundational

Explanation

No man can be charged with the consequences of an act to which he did not consent. Compelled acts are not voluntary acts — and only voluntary acts give rise to legal liability.

Where this applies

  • Someone is forced to sign a document at gunpoint.
  • A person commits an act under physical compulsion and is held responsible.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 3.6.2 — An act done against my will is not my act. — Bract. fol. 101b; Peloubet, Legal Maxims no. 62; Broom, Max. 270; Weisman, 2q (Actus me invito factus non est meus actus.)

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