Legal Definitions - nolition

Nolition refers to the absence of a person's will or choice to act, agree, or consent. It signifies a state of unwillingness or a lack of voluntary intent regarding a particular action or decision.

Here are some examples illustrating nolition:

• Contractual Agreement Under Duress: Imagine a small business owner who is threatened with severe financial ruin if they do not sign a partnership agreement with a larger, more powerful company. Although the owner physically signs the document, they do so under extreme pressure and against their true desire. In this scenario, the owner could argue nolition, asserting that their signature was not a product of their free will but rather a compelled act due to the threats.

  Explanation: The owner's act of signing lacked genuine volition because their choice was not freely made but coerced, demonstrating an absence of willingness to enter the agreement on their own terms.

• Medical Treatment Without Capacity: Consider a patient who is brought to the emergency room unconscious after an accident. Doctors determine that a critical, life-saving surgery is immediately necessary. Since the patient is incapacitated and unable to communicate, they cannot provide consent or refusal for the procedure. From the patient's perspective, there is nolition regarding the medical intervention.

  Explanation: The patient's inability to form or express a will means there is an absence of volition on their part concerning the medical treatment, as they cannot consciously choose to accept or reject it.

• Criminal Act Under Compulsion: A bank teller is held at gunpoint by a robber and ordered to open the vault. Fearing for their life, the teller complies and opens the vault, allowing the robber access to the money. While the teller physically performs the act of opening the vault, they do so entirely against their will and under immediate threat. The teller's action is an example of nolition.

  Explanation: The teller's action was not a voluntary choice to assist in the robbery but a compelled response to a life-threatening situation. Their true will was absent, demonstrating an unwillingness to participate in the crime.