Also known as: metum · metūs · duress · fear
Written by attorneys · grounded in primary & secondary sources — see below
Fear of imminent danger or serious harm used to compel action against one's will. The concept renders apparent consent or assent ineffective when the fear overcomes free choice.
Select any source to read its text and confirm it supports the definition.
Monica Morgan faced mounting arrears on her home loan held by Midwest Airlines' financing arm. The lender's agent warned that refusal to sign a deed in lieu would trigger immediate foreclosure and public sale. Morgan executed the deed to avoid the threatened loss of her property. A court later examined whether the transfer satisfied the requirement of voluntariness given the lender's threats.
Matthew Martinez was accosted by a masked individual who brandished a knife and demanded his wallet. The assailant stated that refusal would result in immediate stabbing. Martinez surrendered the wallet to avoid serious injury. Prosecutors charged robbery based on the threat that placed Martinez in fear of imminent harm.
Judge Maya Malik presided over a high-profile sentencing that drew intense media criticism. Community leaders publicly threatened to campaign for her removal if she imposed the maximum term. Malik imposed a lighter sentence to avoid the threatened political backlash. The judicial conduct commission investigated whether the decision reflected improper fear of criticism.
Attorney Miles Montgomery visited an accident victim still hospitalized after a crash. Montgomery warned that without immediate retention the victim would lose any recovery to hospital liens. The victim signed the retainer to avoid the threatened financial ruin. The disciplinary board reviewed the contact for improper coercion or duress.
Musa Mensah owned equipment sought by Mercury Industries. Company agents physically restrained Mensah and threatened continued confinement until he signed a bill of sale. Mensah executed the document solely to end the restraint. A court later held the apparent assent ineffective because it resulted from physical compulsion.
Ming Ma, an elderly testator, was isolated by a caregiver who threatened to abandon him without care unless he changed his will. The caregiver dictated new bequests favoring herself. Ma signed the revised will to avoid the threatened abandonment. Heirs later contested the instrument on grounds that duress procured the transfer.
Metus encompassed fear of any serious evil sufficient to affect a reasonable person and was broader than the narrower categories of duress recognized in Anglo-American law. It allowed avoidance of transactions procured by such fear through defenses or restitutionary actions.
Consent or assent is ineffective when fear of imminent serious harm physically compels conduct or leaves the victim no reasonable alternative. The resulting manifestation of assent does not bind the victim.
No. Metus includes fear of any serious evil that would affect a reasonable person, such as loss of property, abandonment, or other substantial harm, provided the fear overcomes free will.
…of their having received medical advice that Mrs. Doe should avoid pregnancy, and for "other highly personal reasons." But they "fear . . . they may face the prospect of becoming parents." And if pregnancy ensues, they "would want to terminate" it by an abortion. They assert an inability to obtain an abortion legally in…