duress


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Duress

Force, coercion or threat of either. A contract signed under duress is usually invalid and unenforceable. To give a very simple example, one may not hold a gun to the head of another party and expect him/her to sign a valid contract. Likewise, one may not be guilty of a crime if one commits it under duress.

duress

Unlawful pressure, force, or threats by one person against another. If one is the victim of duress, then any contract or agreement entered into as a result of the duress is void.The operative word in the definition is “unlawful.”Many people claim economic duress when a lender,for example, threatens foreclosure unless a borrower signs a new loan agreement with onerous terms, a high interest rate, and large fees for attorneys and other expenses. Usually, if the lender had the right to foreclose,then the threats cannot be unlawful and duress does not exist.

References in periodicals archive ?
(38) See Anderson, 50 P.3d at 374 (citing negative consequences of allowing duress defense for crimes involving gang violence).
He then pointed out to her that 'duress' here meant negatively pressured and not the other way around as Afidah Azwa remained silent.
He further held that if the defendants in the suit were aggrieved about the outcome of the election, they were at liberty to approach the tribunal which would avail them the opportunity to ventilate their grievances and call witnesses to prove their claim that the Returning Officer announced the result under duress.
In a unanimous judgment handed down at the Court of Appeal, Lord Justice David Richards, Lord Justice Moylan and Lord Justice Asplin found that PIA's lawful act in terminating the old agreement with the agent by notice did not amount to unlawful economic duress as PIA honestly believed that it had a defence to the previous claims which the agent waived when it entered into the new contract.
In a unanimous judgment handed down at the Court of Appeal, Lord Justice David Rochards, Lord Justice Moylan and Lord Justice Asplin found that PIA's lawful act in terminating the old agreement with the agent by notice did not amount to unlawful economic duress as PIA honestly believed that it had a defence to the previous claims which the agent waived when it entered into the new contract.
The attorneys added the duress defense is not limited to potential witnesses threatened at gun point not to testify but to those receiving credible verbal death threats.
Plaintiff appealed from the District Court's grant of summary judgment to defendant, finding no actionable economic duress caused by defendant that induced plaintiff to sell her minority interest In the parties' business to defendant.
He also reiterated his claim that the letter from the King was 'forged' or made under 'duress', and that it went against a petition he had sent, urging for an intervention into the country's political crisis.
Chairman NAB directed to expedite the seeking of information and record from State Bank of Pakistan, SECP and FBR sans sustaining any duress. And inquiry should be concluded in accordance with merit and in light of Law and evidence.
The software, licenses, hardware and services will be utilised by a wide range of KHC staff and must, at a minimum, improve staff safety with access to a reliable mobile duress alarm solution while ensuring efficient and effective operation of all functions through integration with other Hospital systems such as paging and CCTV.
It was a decision taken under duress. We do not condemn the court, we sympathise with it.'
Klint Kesto, R-Commerce Township, is summarized in a legislative analysis by the House Fiscal Agency: Generally speaking, the bill would render a prenuptial agreement unenforceable if certain factors can be proven, such as duress or unconscionable terms.