Per minas explained

Per minas, in English Common Law, is to engage in behaviour "by means of menaces or threats".[1]

The term comes from Latin.[2]

Per minas has been used as a defence of duress to certain crimes, as affecting the element of mens rea.[3] [4] William Blackstone, the often-cited judge and legal scholar, addressed the use of "duress per minas" under the category of self-defense as a means of securing the "right of personal security", that is, the right of self-defence.[5]

The classic case involves a person who is blackmailed into robbing a bank.

In contract law, Blackstone used per minas to describe the defence of duress, as affecting the element of contract intent, mutual assent, or meeting of the minds.[6] [7]

See also

References

  1. http://www.clickdocs.co.uk/glossary/per-minas.htm Clickdocs web site
  2. http://www.sanjeev.net/latin/latin-phrases-starting-with-p-07.html List of Latin legal phrases
  3. Duressper minas as a defence to crime: I . 10.1007/BF00848283 . 1982 . Kilbrandon . Lord . Law and Philosophy . 1 . 2 . 185–195 . 144718824 .
  4. A Consideration of What Amounts to Duress per Minas at Law . 3304503 . Phillips . W. H. . The American Law Register . 2 August 1875 . 23 . 4 . 201–207 . 10.2307/3304503 .
  5. http://press-pubs.uchicago.edu/founders/documents/amendIXs1.html
  6. http://www.law-dictionary.org/PER+MINAS.asp?q=PER+MINAS Law-dictionary-com
  7. http://onlinedictionary.datasegment.com/word/per+minas Online Law dictionary