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Duress is a threat of harm made to compel someone to do something against their will or judgment; especially a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition. - Black's Law Dictionary (8th ed. 2004) Duress in contract law falls into two broad categories: [6]
Coercion used as leverage may force victims to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced ...
Barton v Armstrong is a Privy Council decision heard on appeal from the Court of Appeal of New South Wales, [1] relating to duress and pertinent to case law under Australian and English contract law. The Privy Council held that a person who agrees to a contract under physical duress may avoid the contract, even if the duress was not the main ...
self-defence which includes the defence of others both inherently and through the use of reasonable force to prevent the commission of a crime under s3 Criminal Law Act 1967. duress of circumstances. The court held that duress did not include threats or the fear of long-term psychological injury even though that might be serious psychological ...
Coercion and duress (§5K2.12) If the defendant committed the offense because of serious coercion, blackmail or duress, under circumstances not amounting to a complete defense, the court may depart downward. The extent of the decrease ordinarily should depend on the reasonableness of the defendant's actions, on the proportionality of the ...
WASHINGTON (AP) — Taiwan's foreign minister said Wednesday that Chinese "coercion" of the self-governing island poses a threat to regional security and global values of freedom and democracy.
In the 2010 New York trial of Ahmed Khalfan Ghailani who was accused of complicity in the 1998 bombings of U.S. embassies in Tanzania and Kenya, Judge Lewis A. Kaplan ruled evidence obtained under coercion inadmissible. [17] The ruling excluded an important witness, whose name had been extracted from the defendant under duress. [18]
Warden, the United States District Court for the Southern District of Ohio, Merrick claimed his "guilty plea was involuntary because at the time he entered into it, he signaled that he was acting under duress by putting the initials “V.C.” before his signature on the Memorandum of Understanding which embodies the plea agreement in the case."