duress

A threat to break a contract does not in itself constitute duress. Before the coercive effect of the threatened action can be inferred, there must be evidence of some probable consequences of it to person or property for which the remedy afforded by the courts is inadequate.

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.

n. Uniawful constraint exercised upon a man whereby he is forced to do some act against his will. It may be either "duress of imprisonment," where the person is deprived of his liberty in order to force him to compliance or by violence, beating or other actual injury or duress per minas, consisting in threats of imprisonment or great physical injury or death. Duress may also include the same injuries, threats or restraint exercised upon the man's wife, child or parent Noble v. Enos, 19 Ind. 78; Bank v. Sargent, 65 Neb. 594, 91 N. W. 597, 59 I R. A. 296; Pierce v. Brown, 7 Wall. 214, 19 L. Ed. 134; Galusha v. Sherman, 105 Wis. 263, 81 N. W. 495, 47 In R. A. 417; Radich v. Hutchins, 95 U. S. 213, 24 L. Ed. 409; Rollings v. Cate, 1 Heisk. (Tenn.) 97; Joan-nin v. Ogilvie, 49 Minn. 564, 52 N. W. 217, 16 In R. A. 376, 32 Am. St. Rep. 581; Burnes v. Burnes (C. C.) 132 Fed. 493. Duress consists in any illegal imprisonment, or legal imprisonment used for an illegal purpose, or thrcats of bodliy or other harm, or other means amounting to or tending to coerce the will of another, and actually inducing him to do an act contrary to his free will. Code Ga. 1882, § 2637. ' By duress, in its more extended sense, is meant that degree of severity, either threatened or impending or actually inflicted, which is sufficient to overcome the mind and will of a person of ordinary firmness. Duress per minas la restricted to fear of loss of life, or of mayhem, or luSs of limb, or other remediless harm to the person. Fellows v. School Dist., 39 Me. 559.

— Duress of imprisonment. The wrongful imprisonment of a person, or the illegal restraint of his liberty, in order to compel him to do some act. 1 Bl. Comm. 130, 131, 136, 137; 1 Steph. Comm. 137; 2 Kent, Comm. 453.

— Duress per minas. Duress by threats. The use of threats and menaces to compel a person, by the fear of death, or grievous bodily harm, as mayhem or loss of limb, to do some lawful act, or to commit a misdemeanor. 1 Bl. Comm. 130; 4 Bl. Comm. 30; 4 Steph. Comm. 83. See Metus.

v. To subject to duress. A word used by Lord Bacon. "If the party duressed do make any motion," etc. Bac. Max. 89, reg. 22.

Duresse, I. fr., Duritia, gree of constraint which is son of ordinary firmness. imprisonment of a person, order to compel him to do Duress per minas: duress and menaces inducing fear mayhem or loss of limb, — also of a mere battery, or of the same effect, the authorities

2. Unlawful constraint exereised upon a man whereby he is foreed to do some act against his will, Jt may he eilher “duress of imprisonment,” where the persun is deprived of his liberty in order to force him to compliance, or by violence, beating, or other actual injury, or duress per minas, consisting in threats of imprisonment or great physical injury or death. Duress may also include the same injuries, threats, or restraint exercised upon the man’s wife, child, or parent, Duress consists in any illegal imprisonment, or legal imprisonment used for an illegal purpose, or threats of bodily or other harm, or other means amounting to or tending to coerce the will of another, and actually inducing him to do an act contrary to his free will. Code Ga. 1882, § 2637. By duress, in its more extended sense, is meant that degree of severity, either threatened or impeuding cr actually inflicted, which is suficient to overcome the mind and will of a person of ordinary firtoness. Duress pes minas is restricted to fear of loss of life, or of mayhem, or loss of limb, or other remediless harm to the person. 3 Me. 559.

[L. Fr. duresse; Lat. durities, duritia.] Constraint, compulsion. The state of compulsion or necessity in which a person is induced, by the restraint of his liberty, or menace of bodily harm, to execute a deed, or do any other legal act, or to commit a misdemeanour; and which constraint may afterwards be taken advantage of, to avoid such act, or its consequences. 1 Bl. Com. 130. 2 Id. 292. 4 Id. 30. 1 Steph. Com. 130, 442. 2 Kent's Com. 453. Termes de la ley.