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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]".
Duress is no defence to murder, attempted murder, or, seemingly, treason involving the death of the sovereign. [17] In general, courts do not accept a defence of duress when harm done by the defendant is greater than the court's perception of the harm threatened. This is a test of proportionality.
Duress, commercial pressure CTN Cash and Carry Ltd v Gallaher Ltd [1993] EWCA Civ 19 is an English contract law case relating to duress . It raised the question whether an act could be considered to be economic duress if the act would in any event be lawful.
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 ...
The economic fear prong of the Hobbs Act may be used to prosecute political corruption, as long as there is an affirmative act of inducement; but only the payees (bribe-takers), and not the payors may be reached (the latter have a defense of duress). [79] Under the economic fear prong, "[t]he absence or presence of fear of economic loss must be ...
Logically, this is identical to the concept of "duress of circumstance", where the situation rather than a person is the threat. [67] The common elements are (1) an act is done to prevent a greater evil (2) the evil must be directed to the defendant or someone for who he is responsible (3) the act must have been a proportionate response.
Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. [1] [2] [need quotation to verify] [3] It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response.
The economics of defense or defense economics is a subfield of economics, an application of the economic theory to the issues of military defense. [1] It is a relatively new field. An early specialized work in the field is the RAND Corporation report The Economics of Defense in the Nuclear Age by Charles J. Hitch and Roland McKean ( [2] 1960 ...