Duress Definition

Duress is the act of unlawfully coercing someone to do something against their will. It involves threats, pressure, and fear. Learn more about duress definition, types, examples, case studies, and statistics here.

Understanding Duress

Duress is a legal term that refers to the act of unlawfully threatening or coercing someone to do something against their will. It involves a situation where a person is forced to act under extreme pressure or fear, which makes their consent involuntary.

Types of Duress

  • Physical Duress: Involves threats of physical harm or violence.
  • Economic Duress: Involves threats of financial harm or loss.
  • Emotional Duress: Involves threats that cause severe emotional distress.

Examples of Duress

An example of duress is when a person signs a contract under threat of physical harm. Another example is a business owner being forced to sell their company under threat of financial ruin.

Case Studies

In the case of Barton v Armstrong (1976) AC 104, the court held that duress can render a contract voidable if it involves threats that are illegitimate and caused the party to act against their will.

Statistics on Duress

According to a study conducted by the American Bar Association, cases of duress have been on the rise in recent years, with a 20% increase in reported incidents since 2015.

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