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NeCede's

Maxim 6.1.6

He who has altered anything under the command of one threatening is not regarded as having retained his consent.

Non videtur consensum retinuisse, qui ad imperium minantis aliquid immutavit.

Source: Broom, Max. 278; Bacon, Max. reg. 22 Difficulty 1/5 — Foundational

Explanation

An act performed under compulsion carries no consent — the coerced party retains every right to challenge the transaction.

Where this applies

  • My boss told me to sign or be fired — that isn't real consent.
  • I only agreed to the settlement because they threatened to ruin my reputation.

Topics

Coercion & Duress

Legal domains

contract

See also

Cite this maxim

NeCede Max. 6.1.6 — He who has altered anything under the command of one threatening is not regarded as having retained his consent. — Broom, Max. 278; Bacon, Max. reg. 22 (Non videtur consensum retinuisse, qui ad imperium minantis aliquid immutavit.)

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