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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]
Duress in English law is a complete common law defence, operating in favour of those who commit crimes because they are forced or compelled to do so by the circumstances, or the threats of another. The doctrine arises not only in criminal law but also in civil law, where it is relevant to contract law and trusts law .
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 ...
Rescission at common law (as distinct from rescission in equity) is a self-help remedy: historically, the common law courts simply gave effect to the rescinding party's unequivocal election to rescind the contract. Rescission at common law is only available for fraudulent misrepresentations and duress.
In law, the usual rule is that the defendant's motive for breaking the law is irrelevant although, in the criminal law, this may reduce the sentence. The basis of the defense argues that the threats made by the other person make the defendant's entire behavior involuntary and therefore the liability should be reduced or removed.
In English law, the defence of necessity recognises that there may be situations of such overwhelming urgency that a person must be allowed to respond by breaking the law. There have been very few cases in which the defence of necessity has succeeded, and in general terms there are very few situations where such a defence could even be applicable.
"Inequality of bargaining power" is another term used to express essentially the same idea for the same area of law, which can in turn be further broken down into cases on duress, undue influence and exploitation of weakness. In these cases, where someone's consent to a bargain was only procured through duress, out of undue influence or under ...
Duress can be a defense in many jurisdictions, although not for the most serious crimes of murder, [13] attempted murder, being an accessory to murder [14] and in many countries, treason. [15] The duress must involve the threat of imminent peril of death or serious injury, operating on the defendant's mind and overbearing his will. [ 16 ]