duress


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duress

(dyo͝o`rĭs, do͝o`–, do͝orĕs`), in law, actual or threatened violence or imprisonment, by reason of which a person is forced to enter into an agreement or to perform some other act against his will. The constraint or threat of constraint must have been directed toward the person thus compelled or toward the wife, husband, parent, child, or other near relative of the person compelled. Anyone who makes a contract under duress is entitled to void it and be free of its obligations, but in order to release him from the contract duress must be shown to have overcome his mind and will. However, annoyance and persuasion do not constitute duress. See also coercioncoercion,
in law, the unlawful act of compelling a person to do, or to abstain from doing, something by depriving him of the exercise of his free will, particularly by use or threat of physical or moral force.
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duress

Law the illegal exercise of coercion
References in periodicals archive ?
(35) See Anderson, 50 P.3d at 387 (Kennard, J., concurring and dissenting in part) (noting recent push for more flexible duress approach); Tully v.
In overturning her acquittal, the court ruled that Ryan's defence of duress was invalid.
The second aspect to consider, should the facts of your case fall short of duress, are whether the circumstances in which you found yourself amount to a special reason not to disqualify you from driving.
Denying the allegations by the PML-N earlier in the day, Malik in an affidavit submitted to the IHC had claimed he was offered Rs500 million by the son of Nawaz to resign on the pretext that he could 'no longer deal with the guilt of having convicted the former premier under duress and without evidence'.
'In return, he said that all I had to do was to formally resign on the ground that I could no longer deal with the guilt of having convicted Mian Nawaz Sharif under duress and without evidence,' the letter to the IHC chief justice by judge Malik states.
A government official testified today she was put 'under duress' when she was asked to expedite the processing of SRC International Sdn Bhd's application for the first government guarantee over a RM2 billion loan from the Retirement Fund Incorporated (KWAP) in 2011, the High Court heard today.
According to Justice Abang, if the electoral body's action is condoned, election can easily be cancelled on mere claims of acting under duress by Returning Officers.
LONDON -- Pakistan International Airlines (PIA) has won part of a long-running case at the London High Court after three judges unanimously found that the PIA acted lawfully and its actions didn't amount to unlawful duress when it terminated the old contract with a PIA's sales agents in the autumn of 2012.
The Pakistan International Airlines has won part of a long-running case at the London High Court after three judges unanimously found that the PIA acted lawfully and its actions didn't amount to unlawful duress when it terminated the old contract with a PIA's sales agents in the autumn of 2012.
The court is basing their evidence upon testimony which was disqualified after it was found to be forced under prolonged torture and extreme duress. A letter from the minor's parents follows the article.
Under law, any undertaking secured through coercion or duress is null and void.
Lower courts have ruled the departing threat lacked the imminence of deadly harm needed to give Howell the legal defense of fear-induced duress for refusing to testify.