Also known as:forces · force of law · binding force
Written by attorneys — see sources below.
Physical power, violence, or pressure directed against a person or thing to overcome resistance or achieve a result.
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How its tested
Common Examples
6
Robbery by Overcoming Resistance
Fernando Farrell approached Fatima Flores on a sidewalk and grabbed her purse. When she clutched it tightly, he yanked it away with enough strength to pull her forward and cause her to stumble. The taking occurred from her immediate presence.
Congressional Power to Raise Armies
Congress enacted a statute authorizing the draft of citizens into military service during a declared war. The law imposed uniform obligations across all states and funded the effort through taxes collected nationwide.
Landlord Liability After Storm Damage
A sudden windstorm tore a large hole in the roof of the apartment leased by Freya Freeman from Fairview Manufacturing. The landlord received notice but failed to repair the opening for several weeks, leaving the unit exposed to further weather.
Frederick Ferguson threatened Fiona Foster with immediate physical harm unless she participated in a marriage ceremony. She went through with the wedding only because of the threat and later sought to have the marriage declared invalid.
Request Before Using Force on Trespasser
Fisher Foods discovered an intruder removing goods from its warehouse. Before applying any physical restraint, the manager called out for the person to stop and leave the premises.
Apprehension Created by Threatened Contact
Fusion Power's employee raised a heavy tool and advanced toward Faye Fuller while shouting threats. Fuller reasonably believed she would suffer an immediate blow unless she fled or defended herself.
4 common questions
Students Frequently Ask...
What level of physical effort satisfies the force element in robbery?
The force must be strong enough to overcome the victim's resistance. Minimal contact that does not overcome resistance falls short of the requirement.
Does force used to enter property always constitute a breaking?
Even minimal force applied to a closed door satisfies the breaking element provided the entry remains trespassory. Consent obtained by fraud or threats can turn the entry into a constructive breaking.
When does a sudden natural event qualify as a non-manmade force under landlord-tenant law?
A sudden storm or similar event that renders leased property unsuitable triggers the landlord's repair obligation if the landlord fails to act within a reasonable time after notice.
How does force affect the validity of a marriage?
A marriage procured by force lacks the required free-will consent and remains subject to attack even after the ceremony.
410 U.S. 113 (1973)
…Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned,…