Legal Definitions - vi aut metu

Vi aut metu is a Latin legal phrase that translates to by force or fear. Historically, this concept was used in law to describe situations where an individual was compelled to act against their will due to direct physical force or a credible threat of harm. It signifies that an action or agreement was not made voluntarily but under duress, rendering it potentially invalid.

• Example 1: Contractual Agreement

  Imagine a small business owner who is approached by a much larger corporation. The corporation's representative threatens to launch a costly and frivolous lawsuit that would bankrupt the small business, and also hints at physical harm to the owner's property, unless the owner signs a contract to sell their company at a significantly undervalued price. Feeling cornered and terrified of losing everything, the owner signs the contract.

  This scenario illustrates vi aut metu because the business owner's consent to the contract was not freely given. They acted under the fear of severe financial ruin and potential property damage, which constitutes being compelled "by force or fear," making the contract potentially voidable.

• Example 2: Altering a Will

  Consider an elderly person who is dependent on a caregiver for daily needs. The caregiver repeatedly threatens to abandon the elderly person and withhold essential medication unless the elderly person changes their will to leave a substantial portion of their estate to the caregiver, disinheriting other family members. Fearing neglect and a decline in health, the elderly person instructs their attorney to amend the will as demanded.

  Here, the changes to the will are made vi aut metu. The elderly person is acting out of fear of abandonment and harm to their well-being, rather than making an independent decision about their estate. Such a will could be challenged on the grounds that it was executed under duress.

• Example 3: Transfer of Property

  A homeowner is physically assaulted and held captive in their own home by an intruder who demands they sign over the deed to their house. Under direct physical threat and fearing for their life, the homeowner signs the necessary documents to transfer ownership.

  This is a clear instance of vi aut metu. The homeowner's action of signing the deed was directly coerced by physical force and the overwhelming fear of further violence, meaning the transfer of property was not a voluntary act and would likely be deemed invalid in a court of law.