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In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person. Black's Law Dictionary (6th ed.) 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]".
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.
However, contrasting to cases involving business parties, the threat to do a lawful act will probably be duress if used against a vulnerable person. [4] An obvious case involving "lawful act duress" is blackmail. The blackmailer does not have to defend the lawful act they threaten (for example, revealing a secret), but they must defend the ...
Duress has been defined as a "threat of harm made to compel a person to do something against his or her will or judgment; esp., a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition". [5] An example is in Barton v Armstrong, [6] a decision of the Privy Council ...
Necessity and duress (compulsion) are different defenses in a criminal case. [1] [2] [3] The defense of duress applies when another person threatens imminent harm if defendant did not act to commit the crime. The defense of necessity applies when defendant is forced by natural circumstances to choose between two evils, and the criminal act is ...
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He was charged with possession under s5(2) Misuse of Drugs Act 1971. The judge at first instance refused to leave the defence of medical necessity to the jury so the defendant changed his plea to guilty. The Court of Appeal held that Article 3 ECHR (not to subject a person to inhuman or degrading treatment) does apply to the state. The ...
I loved to obsessively track my two sons on Life 360. When my eldest went to college, I lost sleep because I tracked his every movement. He asked me to stop, and suddenly, I felt peace.