Maxim 6.1.2
Nothing is so contrary to consent as force and fear.
Nihil consensui tam contrarium est quam vis atque metus.
Source: Dig. 50, 17, 116; Broom, Max. 278
Difficulty 1/5 — Foundational
Explanation
Consent procured by threats, violence, or duress is no consent at all — any agreement so obtained is void from the beginning.
Where this applies
- I signed a contract because they threatened to report me to the police if I didn't.
- A company forced me to agree to new terms by threatening to shut off my services.
Topics
Legal domains
See also
- 2.4.2 Natural liberty is the power of acting as one thinks fit, without any restraint or control, unless by the law of nature.
- 6.1.6 He who has altered anything under the command of one threatening is not regarded as having retained his consent.
- 6.1.7 Those who are mistaken are not considered as consenting.
Cite this maxim
NeCede Max. 6.1.2 — Nothing is so contrary to consent as force and fear. — Dig. 50, 17, 116; Broom, Max. 278 (Nihil consensui tam contrarium est quam vis atque metus.)
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