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2007-10-03 19:05:25 · 1 answers · asked by aditya v 1 in Politics & Government Law & Ethics

1 answers

Duress or coercion is a possible legal defense, usually as an excuse rather than a justification, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury. Black's Law Dictionary defines duress as "any unlawful threat or coercion used... to induce another to act [or not act] in a manner [they] otherwise would not [or would]." The notion of duress must be distinguished both from undue influence in the civil law and from necessity which might be described as a form of duress by force of circumstances.

Economic duress occurs legitimately in commercial situations, there is a point where it becomes economic duress. Putting aside issues of consideration, this often involves one party threatening to breach an existing contract between the two parties unless the innocent party agrees to enter into another contract. The contract is voidable if the innocent party can prove that it had no other practical choice (as opposed to legal choice) but to agree to the contract.

2007-10-03 19:45:59 · answer #1 · answered by FRAGINAL, JTM 7 · 0 0

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