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Constraint - Law Dictionary Search Results

Home Dictionary Name: constraint

Constraint

Constraint, duress. See DURESS....


Duress

Hardship constraint pressure imprisonment restraint of liberty...


Ne injuste vexes

Ne injuste vexes, a writ founded on Magna Charta that lay for a tenant distrained by his lord, for more services than he ought to perform; and it was a prohibition to the lord unjustly to distrain or vex his tenant; in a special use it was where the tenant had prejudiced himself by doing greater services, or paying more rent without constraint, then he needed; for, in that case, by reason of the lord's seisin, the tenant could not avoid it by avowry, but was driven to his writ for remedy, Fitz. N.B. 10. Abolished by 3& 4 Wm. 4, c. 27, s. 35....


Duress

Duress [fr. duresse, Fr.; durities, Lat., constraint], imprisonment, compulsion.Duress is either by imprisonment or by threats. In order to constitute duress by imprisonment, either the imprisonment or the duress consequent upon it must be tortious and unlawful.By the Common Law, a contract made during duress is not void, but voidable; and the person upon whom it is practised may avail himself of the duress as a special defence to an action thereupon at any time. But the person who has employed the force cannot allege it as a defence, if the contract be insisted upon by the other.Where a person is not a free agent, and is not able to protect himself, the Court will protect him, and will set aside a contract made under duress. Circumstances also of extreme necessity and distress of the party, although not accompanied by the direct restraint or duress, may, in like manner, so entirely overcome his free agency as to justify the Court in setting aside a contract made by him on account of s...


Franchise

Exemption from constraint or oppression freedom liberty...


Familiarity

The state of being familiar intimate and frequent converse or association unconstrained intercourse freedom from ceremony and constraint intimacy as to live in remarkable familiarity...


force

force 1 : a cause of motion, activity, or change intervening force : a force that acts after another's negligent act or omission has occurred and that causes injury to another : intervening cause at cause irresistible force : an unforeseeable event esp. that prevents performance of an obligation under a contract : force majeure 2 : a body of persons available for a particular end [the labor ] ;specif : police force usually used with the 3 : violence, compulsion, or constraint exerted upon or against a person or thing constructive force : the use of threats or intimidation for the purpose of gaining control over or preventing resistance from another dead·ly force : force that is intended to cause or that carries a substantial risk of causing death or serious bodily injury compare nondeadly force in this entry NOTE: As a general rule, deadly force may be used without incurring criminal or tort liability when one reasonably believes that one's life or safety is in da...


Easy

At ease free from pain trouble or constraint...


Constraint

The act of constraining or the state of being constrained that which compels to or restrains from action compulsion restraint necessity...


Constrainedly

By constraint or compulsion in a constrained manner...


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