Legal Definitions - vis injuriosa

Vis injuriosa is a historical legal term that refers to force applied in a wrongful or unlawful manner. It describes any use of physical power or coercion that lacks legal justification or exceeds what is permitted by law.

• Example 1: Unprovoked Physical Assault

  Imagine a scenario where two individuals are having a verbal disagreement, and one person, without any threat or provocation, suddenly punches the other in the face.

  Explanation: The act of punching, in this context, constitutes vis injuriosa because it is a direct application of physical force that is wrongful and entirely without legal justification, such as self-defense or lawful authority.

• Example 2: Unlawful Seizure of Property

  Consider a landlord who, without obtaining a court order or following proper eviction procedures, forcibly enters a tenant's apartment and removes all their belongings, changing the locks.

  Explanation: Even if the tenant was behind on rent, the landlord's use of force to enter the property and seize belongings without legal process is wrongful. This unauthorized and forceful action against the tenant's possession of the property would be an instance of vis injuriosa.

• Example 3: Excessive Force by an Authority Figure

  Suppose a store security guard apprehends a person suspected of shoplifting. The suspect immediately complies, drops the merchandise, and offers no resistance. However, the guard then unnecessarily shoves the compliant suspect against a wall, causing minor injuries.

  Explanation: While the initial apprehension might have been justified, the continued application of physical force beyond what was necessary to secure a non-resisting individual exemplifies vis injuriosa. The force used becomes wrongful because it exceeds the legal limits of the guard's authority and is no longer proportional to the situation.