exceptio quod metus causa

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English[edit]

Etymology[edit]

Latin exceptio (exception) quod (based on) metus (duress) causa (a cause (of action)).

Phrase[edit]

exceptio quod metus causa

  1. (law) Also known as the exceptio metus; an exception based on the fact that the underlying cause of action was based on duress or intimidation by the plaintiff of the defendant.
    • It appears that in that Court, the defence stressed by appellant's counsel was the exceptio quod metus causa and it was to that defence that the learned Judge-President mainly directed himself. SHEPSTONE v SHEPSTONE 1974 (2) SA 462 (N)
    • Reverting to the defence raised by first defendant, it is clear that a contract may be vitiated by duress (metus), the raison d'etre of the rule apparently being that intimidation or improper pressure renders the consent of the party subjected to duress no true consent at all. AREND AND ANOTHER v ASTRA FURNISHERS (PTY) LTD 1974 (1) SA 298 (C)

See also[edit]