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 ?
Chairman NAB directed to expedite the seeking of information and record from State Bank of Pakistan, SECP and FBR sans sustaining any duress.
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.
However, several of the defendants said their confessions were taken under duress.
The Contradictory Contours of the Defence of Duress Amongst Different Sources of Law III.
MSPs on Holyrood's Economy, Energy and Tourism Committee are considering the future for the sector, with Mr Tholen telling them: "What we're seeing is not just an oil price impact, what we're seeing is companies respond to having less money to invest in new opportunities and they are trying to curtail expenditure on running their businesses because they are under such big duress from the fall in oil price.
In Article 182 it states that: A person who exercises - duress to conclude a contract may not enforce his contract, but the contract will be valid if the victim or his heirs so permit after the threat has ceased, either expressly or by their acts.
By applying duress doctrine to certain contracts containing forced-arbitration clauses, state courts and arbitrators (11) may be able to protect lay claimants while still remaining faithful to Supreme Court precedent.
Under duress, Adele and her son take Frank into their home.
Summary: The head of the Orthodox Church Thursday distanced himself from controversial comments by recently freed nuns held by Nusra Front militants, saying the remarks were made under duress.
For UK law students, this study guide outlines the main ideas of contract law, including its origins and functions and freedom of contract; the formation of a contract, including agreement, consideration, intention, and other factors; third party rights and privity; the terms and exclusion clauses; misrepresentation, mistake, duress, economic duress, undue influence, and illegality; discharge of a contract; and remedies.
4) The question then becomes: Should Erdemovic be treated the same or differently under the law from the other soldiers who participated in the massacre without being under duress or coercion?
The story is, if you are being forced under duress to withdraw cash from an ATM, reverse your PIN.