Understanding Duress
Duress is a legal concept that refers to the use of force, threats, or pressure to compel someone to act in a way that they would not ordinarily choose to act. It can be applied in various situations, including contracts, criminal law, and family law.
Types of Duress
- Physical Duress: Involves actual physical harm or violence.
- Emotional Duress: Includes threats, intimidation, or psychological coercion.
Legal Implications
When a person is found to have acted under duress, the contract or agreement they entered into may be considered voidable. In criminal cases, a defense of duress may be used to argue that the accused committed the crime under extreme pressure.
Examples of Duress
One common example of duress is when someone is threatened with harm unless they sign a contract. In such cases, the contract may not be legally binding due to the duress involved.
Case Studies
In the case of Barton v Armstrong [1976], the court held that if a party’s free will is overborne due to threats or pressure, the contract can be set aside for duress.
Statistics on Duress
According to legal research, duress is cited as a defense in approximately 2% of criminal cases in the United States.
Conclusion
Duress is a complex legal concept that can have significant consequences in various legal matters. Understanding the implications of duress is crucial for anyone involved in legal agreements or disputes.
