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.
