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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 ...
The defence of duress (by threat), according to Lord Bingham in R v Hasan, "excuses what would otherwise be criminal conduct" rather than justifies it. Bingham draws a distinction here with self-defence regarding between the moral status of the victim: in a case of self-defence, the victim has themselves made an aggressive or criminal act ...
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]
However, if both offer and threat aspects of the throffer are motivating factors, then it is tricky to determine whether the agent subject to the proposal was coerced. He suggests that differentiating between "pure coercion" and "partial coercion" may help solve this problem, [46] and that the question of coercion in these cases is one of ...
President Bashar al-Assad used Russian and Iranian firepower to beat back rebel forces during years of civil war but never defeated them, leaving him vulnerable when his allies were distracted by ...
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 ...
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.
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