Metus, a term from Roman law, refers to the fear of serious danger or threats that compel someone to take action. It was broader in scope than duress in Anglo-American law, encompassing fear of any significant harm that would affect a reasonable person. If someone used metus to coerce another person into action, the resulting contract could be invalidated or the victim could pursue damages.
Metus, a Latin term used in Roman law, denotes the apprehension of immediate danger or significant harm, particularly when an individual is coerced into acting against their will. Unlike the concept of duress in Anglo-American law, metus encompasses the fear of any grave harm that could reasonably affect a person. For instance, if an individual is threatened with physical harm or death unless they sign a contract, it would be classified as metus. In Roman law, metus held the same weight as fraud in terms of contract avoidance. It could serve as a defence (known as exceptio metus), or the victim could pursue restitution (restitutio in integrum) or initiate legal proceedings (actio metus) against the perpetrator. Metus can also pertain to a threat that diminishes the value of another person’s property. In both contexts, the victim had the right to seek fourfold damages from the wrongdoer. Metus was considered a grave offence in Roman law, and those who employed it to harm others faced severe punishment.
Metus is a Latin term that translates to “fear” or “dread.” In legal contexts, it is often used to refer to a state of fear or apprehension.
Yes, Metus can be used as a defence in certain circumstances. If a person can prove that they acted out of genuine fear or duress, it may mitigate their liability for certain actions.
Proving Metus requires demonstrating that the fear or threat was imminent, reasonable, and would have caused a person of ordinary firmness to act in a similar manner.
Yes, Metus can be used as a defence for criminal charges if the fear or threat was so severe that it overcame the defendant’s free will and compelled them to commit the crime.
Yes, Metus can be used as a defence for civil liability if the fear or threat was so extreme that it prevented the defendant from exercising reasonable judgment or fulfilling their obligations.
Yes, there are limitations to using Metus as a defence. It cannot be used if the fear or threat was self-induced, if there was a reasonable opportunity to escape the situation, or if the defendant had a legal duty to act differently.
Metus can potentially invalidate a contract if it can be proven that one party entered into the agreement under duress or fear of harm. However, this would depend on the specific circumstances and the applicable laws.
Yes, Metus can be used to obtain a restraining order if a person can demonstrate a genuine fear of harm or harassment from another individual.
Yes, Metus can be used to claim damages in a personal injury lawsuit if it can be proven that the plaintiff suffered emotional distress or other harm due to the defendant’s actions that caused fear or dread.
Metus cannot be used as a defence against a defamation claim. Defamation requires proving false statements that harm a person’s reputation, and fear or dread alone does not negate the requirement of truth or falsity in defamation cases.
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: 17th April 2024.
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