Legal Definitions - vis aut metus qui cadit in constantem virum

The Latin phrase vis aut metus qui cadit in constantem virum describes a level of force or fear so extreme and overwhelming that it would compel even a person of ordinary firmness and resolution to act against their will or better judgment. It signifies a situation where the pressure exerted is so severe that it leaves no reasonable alternative but to comply, thereby negating true consent or free will.

Here are some examples illustrating this concept:

• Contractual Agreement Under Duress: Imagine a small business owner who is kidnapped and held captive, with credible threats made against their family, until they sign documents transferring ownership of their company to the captors. The business owner signs the documents to ensure their family's safety.

  This scenario illustrates vis aut metus qui cadit in constantem virum because the threat of immediate harm to loved ones creates a level of fear so profound that any reasonable person, regardless of their personal resolve, would likely comply. The resulting contract would be voidable because it was not entered into voluntarily but under extreme duress.

• Criminal Act Under Coercion: Consider a bank employee who is approached by an armed individual outside their home. The individual threatens to harm the employee's child if the employee does not assist in an upcoming bank robbery by disabling security systems. The employee, fearing for their child's life, complies.

  Here, the employee's actions, though criminal, are compelled by an overwhelming fear for their child's safety. This fear is so intense that it would overcome a person of ordinary firmness and resolution, potentially providing a defense of duress in a subsequent legal proceeding, as their will was overborne by the threat.

• Will or Testament Alteration: An elderly individual, living alone, is subjected to constant, credible threats of physical violence and neglect by a caregiver unless they change their will to leave a significant portion of their estate to the caregiver. Fearing for their personal safety and well-being, the individual reluctantly amends their will.

  This situation demonstrates vis aut metus qui cadit in constantem virum because the sustained and credible threat of harm, particularly against a vulnerable person, creates a level of fear that would likely compel even a resolute individual to alter their testamentary wishes to avoid suffering. The resulting change to the will would likely be challenged on the grounds that it was not made freely but under undue influence or duress.