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constraint

In the civil and Scottish law, by this term is understood what, in the common law, is known by the name of duress.

2. It is a general rule, that when one is compelled into a contract, there is no effectual consent, thougb, ostensibly, there is the form of it. In such case the contract will be declared void.

3. The constraint requisite thus to annul a contract, must be a vis aut me us qui cadet in constantem virum, such as would shake a man of firmness and resolution. 3 Ersk. 1, 16; and 4, 1, 26; 1 Bell's Conn. B. 3, part 1, o. 1, s. 1, art. 1, page 295.

Source : Bouvier 1856

Language : English

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