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Editing Contracts/Duress
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{{ | {{About|American law in criminal defense|other uses of "Duress"|Duress (disambiguation)}} | ||
{{Criminal defenses}} | |||
In [[jurisprudence]], '''duress''' or '''coercion''' refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person. ''[[Black's Law Dictionary]]'' (6th ed.) defines duress as "any unlawful [[intimidation|threat]] or [[coercion]] used... to induce another to act [or not act] in a manner [they] otherwise would not [or would]". Duress is pressure exerted upon a person to coerce that person to perform an act they ordinarily would not perform. The notion of duress must be distinguished both from [[undue influence]] in the [[civil law (common law)|civil law]]. In [[criminal law]], [[duress and necessity]] are different defenses.<ref>''[[People v. Unger]]'', 362 N.E.2d 319 (1977)</ref><ref>Handbook on Criminal Law 381 (1972)</ref> | In [[jurisprudence]], '''duress''' or '''coercion''' refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person. ''[[Black's Law Dictionary]]'' (6th ed.) defines duress as "any unlawful [[intimidation|threat]] or [[coercion]] used... to induce another to act [or not act] in a manner [they] otherwise would not [or would]". Duress is pressure exerted upon a person to coerce that person to perform an act they ordinarily would not perform. The notion of duress must be distinguished both from [[undue influence]] in the [[civil law (common law)|civil law]]. In [[criminal law]], [[duress and necessity]] are different defenses.<ref>''[[People v. Unger]]'', 362 N.E.2d 319 (1977)</ref><ref>Handbook on Criminal Law 381 (1972)</ref> | ||
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== In contract law == | == In contract law == | ||
{{Contract law}} | |||
''Duress'' in the context of contract law is a [[common law]] defence brought about when one of the parties to the contract enjoyed an ascendant position in relation to the other party and abused that position by subjecting the other to ''threats.'' A party who has entered into a contract under duress is entitled to rescind or set aside the contract, rendering it voidable (in equity). | ''Duress'' in the context of contract law is a [[common law]] defence brought about when one of the parties to the contract enjoyed an ascendant position in relation to the other party and abused that position by subjecting the other to ''threats.'' A party who has entered into a contract under duress is entitled to rescind or set aside the contract, rendering it voidable (in equity). | ||
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==Insane duress== | ==Insane duress== | ||
In criminal law, when a person is found legally insane because they believed God ordered them to do the crime ("[[deific-decree]]"), one interpretation of the insanity is that they acted under a delusion of duress by God.<ref name=CL>''Criminal Law - Cases and Materials'', 7th ed. 2012, [[Wolters Kluwer Law & Business]]; [[John Kaplan (law professor)|John Kaplan]], [[Robert Weisberg]], [[Guyora Binder]], {{ISBN|978-1-4548-0698-1}}, [https://law.stanford.edu/publications/criminal-law-cases-and-materials-7th-edition/]</ref>{{rp|615-625}} | In criminal law, when a person is found legally insane because they believed God ordered them to do the crime ("[[deific-decree]]"), one interpretation of the insanity is that they acted under a delusion of duress by God.<ref name=CL>''Criminal Law - Cases and Materials'', 7th ed. 2012, [[Wolters Kluwer Law & Business]]; [[John Kaplan (law professor)|John Kaplan]], [[Robert Weisberg]], [[Guyora Binder]], {{ISBN|978-1-4548-0698-1}}, [https://law.stanford.edu/publications/criminal-law-cases-and-materials-7th-edition/]</ref>{{rp|615-625}} | ||
==See also== | ==See also== |