Duress
• Why is duress a problem? We want to know people actually agreed to contract of their own free will. (either under subjective or objective theory). Also violates pareto superior economic model, where at least one of the parties is better off and the other is at least not worse off.
• Pre-existing duty: no consideration, since you’ve already agreed to do what is supposed to serve as consideration.
• Corbin: suggests we should allow courts to separate honest from dishonest party rather than trying to fit into the pre-existing duty rule.
Conclusion
Notes
See Also
References and Further Reading
About the Author/s and Reviewer/s
Author: international
Mentioned in these Entries
1000 Top law pages in Wikipedia in may 2012, 1500 Top law pages in Wikipedia in may 2012, American Jurisprudence, 2d, Austin v. Loral Corporation, Chriminal law and ethics, Convention on International Bills of Exchange and International Promissory Notes 3, International Criminal Court9, International law index D, International law index, Invalidity of Arbitration Agreement, Outline of International Arbitration, Should Trusts file income tax returns to the IRS?, Trade law Part 41.
Defenses to Crimes: Duress
Introduction to Duress
A person who commits a crime because another is exerting extreme influence or pressure upon them may have the defense of duress (also known as coercion). Most jurisdictions allow the defense of duress only when (1) the pressure exerted is immediate and substantial, such as the threat of death or serious bodily harm; (2) the coercion is such that a reasonable person in the offender’s position would have committed the crime; and (3) the offender did not willingly participate in creating a situation where coercion was likely. For example, if a woman kills a man because another person who is armed threatens to kill her if she does not, she would have the defense of duress to any charge of murder.” (1)
Justification, Necessity, and Duress Explained
References
See Also
- Criminal Law (in international or comparative law)
- Criminal Procedure (in international or comparative law)
- Defenses (in international or comparative law)
Duress
Find out, in this world legal encyclopedia, additional information relating to Duress.
Duress
Embracing mainstream international law, this section on duress explores the context, history and effect of the area of the law covered here.
Resources
See Also
- Criminal Law
- Criminal Procedure
- Defenses
Resources
Further Reading
- The entry “duress” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press
Resources
Notes and References
- Information about Duress in the Encarta Online Encyclopedia
Guide to Duress
In this Section
Criminal Law Elements (including Wrongful Act and Mental Fault), Defenses to Crimes (including Insanity, Age, Intoxication, Duress, Mistake, Self-Defense and Entrapment) and Crime Parties (including Principals
and Accessories).
Introduction to Duress
Duress, in law, illegal compulsion applied to force a person to commit an act he or she would not otherwise do. It may consist of physical restraint or violence or of threats. Violence or threats directed against the spouse or children of a person in order to compel him or her to perform a particular act may also constitute duress. The courts formerly held that, to constitute duress, threats had to be of sufficient strength to overcome the resistance of a person of average firmness. They now take into consideration such factors as the age, sex, and physical state of the person alleged to be under duress.
Any person who has entered into a contract under duress has the power to declare the contract void. The intention to repudiate the contract must be made within a reasonable time after the victim has regained the power to act free from duress. Because the contract is not automatically void, both the victim and the party guilty of applying duress will be bound by its terms if the victim does not repudiate it.” (1)
Resources
Notes and References
- Information about Duress in the Encarta Online Encyclopedia
Guide to Duress
The Legal History of Duress
This section provides an overview of Duress
Resources
See Also
- Legal Biography
- Legal Traditions
- Historical Laws
- History of Law
Further Reading
- Duress in the Oxford International Encyclopedia of Legal History (Oxford University Press)
- The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
- Duress in the Dictionary of Concepts in History, by Harry Ritter
- A Short History of Western Legal Theory, by John Kelly
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