Constraint

In Scotch law

Duress.

It is a general rule that when one is compelled into a contract there is no effectual consent, though, ostensibly, there is the form of it. In such case, the contract will be declared void. The constraint requisite thus to annul a contract must be a vis aut metus qui cadet in constantem virum, such as would shake a man of firmness and resolution.

Ersk. Inst. 3. 1. 16; Id. 4. 1. 26; 1 Bell, Comm. bk. 3, pt. 1, c. 1, § 1, art. 1, p. 295.

CONSTRUCTIO LEGIS NON FACIT IN- Jurlam. The construction of law does not work an injury.

Co. Litt. 183; Broom, Leg. Max. (3d London Ed.) 537.

CONSTRUCTION (Lat. construere, to put together).

In practice

Determining the meaning and application as to the case in question of the provisions of a constitution, statute, will, or other instrument, or of an oral agreement. Drawing conclusions respecting subjects that lie beyond the direct expressions of the term. ^Lieber, Leg. & Pol. Herm. 20. "Interpretation," if an exact synonym, is a preferable term, since it has but a single significance; while "construction" is used also in a mechanical sense, but see "Interpretation" for an attempted distinction. Some writers have distinguished between construction and interpretation, holding that interpretation is ascertaining the true sense of the language of the writing by limiting the inquiry to a consideration and comparison of the words themselves, while construction is the drawing of conclusions respecting subjects that lie beyond the direct expression of the text, from elements known from and given in the text-conclusions which are in the spirit, though not within the letter of the text.

9 111. App. 486.

The legitimate purpose of all construction of a contract or other instrument in writing, is, to ascertain the intention of the party or parties in making the same, and when this is determined, effect will be given thereto, unless to do so would violate some established rule of property.

122 111. 326.