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A History of Private Law in Scotland: Volume 2: Obligations$
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Kenneth Reid and Reinhard Zimmermann

Print publication date: 2000

Print ISBN-13: 9780198299288

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299288.001.0001

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Force and Fear

Force and Fear

Chapter:
(p.101) 4 Force and Fear
Source:
A History of Private Law in Scotland: Volume 2: Obligations
Author(s):

J. E. Du PLESSIS

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299288.003.0004

This chapter looks into the history of the law of force and fear, which is prevalent in the civilian doctrine of Scots law. It begins by examining the differences between the force and fear and the legal phenomena of extortion which were often used in a broad and generic sense. It also attempts to identify the basis of relief or the underlying reason why the victim of force and fear was provided with a remedy in the form of action quod metus causa, in integrum restitutio, and remedies based on ownership. In addition to discussing the basis of remedy and relief, the chapter also tackles the different contents of force and fear. Particular attention is given to the neglected relationship between the law of force and fear and remedies based on unjustified enrichment.

Keywords:   law of force, law of fear, force, fear, extortion, remedy, relief, unjustified enrichment

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