Define: Fetter

Fetter
Fetter
Quick Summary of Fetter

A fetter is a device used to restrain a person’s feet, typically made of metal or other materials. It is commonly used in pairs. Additionally, the term “fetter” can be used as a verb to describe the act of restraining or tying up someone or something.

Full Definition Of Fetter

A fetter is a type of chain or shackle utilised to confine or bind an individual’s feet. It can also function as a verb, signifying the act of restraining or limiting someone or something. The prisoner was escorted into the courtroom wearing fetters. The slaves were compelled to wear fetters in order to prevent their escape. The company’s progress was hindered by stringent regulations. In the first two instances, “fetters” is employed to describe physical restraints placed on a person’s feet. These restraints are commonly employed in prisons or situations where someone is being held against their will. In the third example, “fettered” is used to portray a circumstance where something is being held back or restricted. In this case, the company’s growth is being constrained by regulations that impede their expansion.

Fetter FAQ'S

A fetter is a legal term that refers to a restraint or restriction on a person’s freedom or rights, typically imposed by a contract or legal agreement.

Yes, if a fetter is included in a legally binding contract or agreement, it can be enforced in court if one party fails to comply with the specified restrictions or obligations.

Not necessarily. While fetters that are reasonable and do not violate any laws or public policy are generally enforceable, courts may refuse to enforce fetters that are deemed unfair, unconscionable, or against public interest.

Yes, a fetter can be challenged or invalidated if it is found to be illegal, unreasonable, or against public policy. This can be done through legal proceedings or negotiations between the parties involved.

If a fetter is breached, the party who has been harmed by the breach may seek legal remedies, such as damages or specific performance, depending on the nature of the breach and the terms of the contract.

Yes, fetters can be modified or removed if both parties agree to the changes and formalize them through an amendment or a new contract. However, it is important to ensure that any modifications are legally valid and properly documented.

Yes, there are legal limitations on fetters to protect individuals from unfair or oppressive restrictions. For example, certain employment contracts may be subject to statutory limitations on non-compete clauses to prevent undue restraint on an employee’s ability to find work.

In general, fetters require the consent of the parties involved. However, there may be certain circumstances where fetters can be imposed by law or by a court order, such as in cases of child custody or restraining orders.

If a fetter was signed under duress or coercion, it may be considered invalid and unenforceable. The party claiming duress would need to provide evidence to support their claim and seek legal remedies to have the fetter set aside.

No, fetters that violate fundamental human rights, such as those protected by constitutional or international law, are generally unenforceable. Courts will prioritize the protection of human rights over the enforcement of contractual obligations.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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