Legal Definitions - ex vi aut metu

Ex vi aut metu is a Latin phrase that translates to "on the ground of force or fear."

In legal terms, this concept refers to situations where an agreement, contract, or transaction might be considered invalid because one party was compelled to enter into it due to coercion, threats, or intimidation. Essentially, if someone agrees to something because they were forced or feared negative consequences, their consent is not considered genuine or voluntary. When consent is not freely given, the agreement can often be challenged or rescinded (canceled).

Here are a few examples illustrating this principle:

• Example 1: Business Contract Under Threat

  Imagine a small business owner who is approached by a larger, more powerful competitor. The competitor threatens to physically damage the small business owner's property and spread false rumors that would ruin their reputation unless the owner signs a contract selling their business at a significantly undervalued price. Fearing for their safety and livelihood, the owner signs the agreement.

  How this illustrates "ex vi aut metu": The business owner's agreement to sell was not a free and voluntary decision. It was made directly "on the ground of force or fear" (ex vi aut metu) – specifically, fear of physical harm and reputational damage. Because their consent was coerced, the owner could potentially argue that the contract is invalid.

• Example 2: Property Transfer Due to Intimidation

  Consider an elderly individual who lives with a caregiver. The caregiver repeatedly threatens to abandon the elderly person and withhold essential medical care if they do not transfer ownership of their valuable antique collection to the caregiver. Feeling vulnerable and dependent, the elderly person signs the necessary documents to transfer the collection.

  How this illustrates "ex vi aut metu": The transfer of the antique collection occurred because the elderly person was under duress and feared abandonment and neglect. This fear directly influenced their decision, meaning the transfer was made "on the ground of force or fear" rather than genuine willingness, making it potentially challengeable.

• Example 3: Settlement Agreement Under Coercion

  During a contentious legal dispute, one party's lawyer informs the opposing party that if they do not immediately agree to a very unfavorable settlement, the lawyer will release highly embarrassing, but unrelated, personal information about them to the media. To avoid public humiliation, the opposing party reluctantly signs the settlement agreement.

  How this illustrates "ex vi aut metu": The settlement agreement was not reached through fair negotiation or a genuine desire to resolve the dispute on its merits. Instead, it was compelled by the fear of severe personal embarrassment and reputational harm. The agreement was made "on the ground of fear," which could allow the coerced party to argue that the settlement is not binding.