Duress

Personal restraint, or fear of personal injury or imprisonment.

2 Mete. (Ky.) 445.

Deprivation of one of his freedom of will and act by the unlawful acts of another. Duress exists where one is induced by another's unlawful act to make a contract or perform some act under circumstances which prevent his exercising free will.

45 Mich. 569.

Duress of Imprisonment. That which exists where a man actually loses his liberty. If a man be illegally deprived of his liberty until he sign and seal a bond, or the like, he may allege this duress, and avoid the bond.

2 Bay (S. C.) 211; 9 Johns. (N. Y.) 201; 10 Pet. (U. S.) 137.

But if a man be, illegally imprisoned, and, either to procure his discharge, or on any other fair account, seal a bond or a deed, this is not by duress of imprisonment, and he is not at liberty to avoid it.

Coke, 2d Inst. 482; 3 Caines (N. Y.) 168; 6 Mass. 511; 1 Lev. 69; 1 Hen. & M. (Va.) 350; 17 Me. 338.

Where the proceedings at law are a mere pretext, the instrument may be avoided.

1 Bl. Comm. 136.

Duress per Minas

That which is either for fear or loss of life, or else for fear of mayhem or loss of limb, must be upon a sufficient reason.

1 Bl. Comm. 131.

In this case, a man may avoid his own act. Lord Coke enumerates four instances in which a man may avoid his own act by reason of menaces, — ^for fear of loss of life; of member; of mayhem; of imprisonment.

Coke, 2d Inst. 483; 2 Rolle, Abr. 124; Bac. Abr. "Duress," "Murder" (A); 2 Strange, 856; Fost, Crim. Law, 322; 2 Ld. Raym. 1578; Savigny, Dr. Rom. § 114.

Duress of Goods. Restraint of goods under circumstances of peculiar hardship, which will avoid a contract.

2 Bay (S. C.) 211; 9 Johns. (N. Y.) 201; 10 Pet. (U. S.) 137. But see 2 Mete. (Ky.) 445; 2 Gall. (U. S.) 337.