exceptio quod metus causa

English

Etymology

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

Phrase

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1. (law) 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.
   • 1974, SHEPSTONE v SHEPSTONE 1974 (2) SA 462 (N):

     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.

   • [ 1974, AREND AND ANOTHER v ASTRA FURNISHERS (PTY) LTD 1974 (1) SA 298 (C)

     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. ]

See also

• For a list of common exceptions, see exceptio.