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MISC BUSHWAH

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PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

FORCE

A power put in motion. It is generally understood to mean unlawful violence and can be actual or implied.

If a person with force breaks a door or gate for an illegal purpose, it is lawful to oppose force with force; and if one enters the close of another, he may be expelled immediately without a previous request as there is no time to make a request. When it is necessary to rely upon actual force in pleading, as in the case of a forcible entry, the words "manu forti," ["with a strong hand"] should be adopted. But in other cases, the words "vi et armis," ["with force and arms"] is sufficient.

The entry into the ground of another without his consent is breaking his close, for force is implied in every trespass quare clausum fregit. In the case of false imprisonment, force is implied. And the same rule prevails where a wife, a daughter or a servant have been enticed away or debauched, though in fact they consented, the law considering them incapable of consenting.

In general, a mere nonfeasance cannot be considered as forcible, for where there has been no act, there cannot be force, as in the case of the mere detention of goods without an unlawful taking.

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