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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 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. The concepts of coercion and persuasion are similar, but various factors distinguish the two.
In international relations, coercion refers to the imposition of costs by a state on other states and non-state actors to prevent them from taking an action or to compel them to take an action (compellence). [1] [2] [3] Coercion frequently takes the form of threats or the use of limited military force. [4]
Lord Diplock said duress is not about not knowing what you are contracting for, but 'his apparent consent was induced by pressure exercised on him by that other party which the law does not regard as legitimate, with the consequence that the consent is treated in law as revocable unless approbated either expressly or by implication after the illegitimate pressure has ceased to operate on his ...
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]
The court set aside the mortgage, and expressed itself as doing so for reasons of undue influence; today the case would almost certainly have been treated as duress. For undue influence the equitable concept of "pressure" is much wider than for duress. Actual undue influence does not require the making of any threat. [15]
Some troops leave the battlefield injured. Others return from war with mental wounds. Yet many of the 2 million Iraq and Afghanistan veterans suffer from a condition the Defense Department refuses to acknowledge: Moral injury.
Specifically, the person must intentionally make a threat in a context, and under such circumstances, that a reasonable person would foresee that the statement would be interpreted by persons hearing or reading it as a serious expression of an intention to harm the president. The statement must also not be the result of mistake, duress or coercion.