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CONSTRAINT

In the civil and Scottish law, by this term is understood what, in the common law, is known by the name of duress. 2. It is a general rule, that when one is compelled into a contract, there is no effectual consent, though, ostensibly, there is the form of it. In such case the contract will be declared void. 3. The constraint requisite thus to annul a contract, must be a vis aut me us qui cadet in constantem virum, such as would shake a man of firmness and resolution.

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