Coercion & Duress

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

Consent procured by threats, violence, or duress is no consent at all — any agreement so obtained is void from the beginning.

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

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

Those who are mistaken are not considered as consenting.

Non videntur qui errant consentire.

Source: Bracton, fol. 44; Dig. 50, 17, 116, s. 2; Broom, Max. 262

Consent must rest on accurate knowledge — agreement founded on mistake or deception binds no one.

He is not considered to have consented who has altered something under the direction of a threatening party.

Non videtur consensum retinuisse si quis ex praescripto minantis aliquid immutavit.

Source: Dig. 50, 17, 145

Consent procured by threat or coercion is no consent at all — where duress overbears the will, the apparent agreement is void and the party compelled is not bound.