duress per minas

Compulsion exercised by threat of imprisonment, mayhem, or taking of life or limb. 25 Am J2d Dur § 11. As defined at common law, such duress existed only where the party entered into a contract or performed an act for fear of imprisonment, mayhem, or loss of life or limb; threats or menace of mere battery to the person, or of trespass to lands or loss of goods were not sufficient to constitute such duress as to void obligations entered into because of such threats. 25 Am J2d Dur § 11. By many, if not most, of the modern authorities, however, the true doctrine of duress is held to be that a contract, deed, or any obligation obtained by so oppressing a person by threats regarding the safety or liberty of himself, or of his property, or of a member of his family, as to deprive him of the free exercise of his will and prevent the meeting of minds necessary to a valid contract, may be avoided on the ground of duress, whether the oppression was formerly deemed duress, and relievable at law as such, or was deemed wrongful compulsion remediable only in equity. 25 Am J2d Dur § 12.