What is Duress?

What is Duress?

Duress is the use of force, false imprisonment, coercion, threats, or psychological pressure to force someone to behave against their will or best interests. A defendant who is forced to commit a crime out of fear of grave and immediate danger to himself or others may also use the defense of duress against the prosecution. A person may be put under duress by an unlawful practice of economic coercion, which increases the possibility that they will unintentionally engage in unsafe financial behavior....

Defense of Duress

In criminal law, claiming duress is used as a defense. A defendant will argue that they committed the alleged offense because they were coerced into doing so by threats or acts of violence from another person. These threats were supposed to coerce someone into doing something they otherwise would not have, much like forcing someone to sign a contract under duress....

Example of Duress

Ryan engages in coercive behavior towards his brother Sam. Ryan makes unlawful threats against Sam. Sam feels compelled to sign an agreement or execute a will against his will. Sam is considered to be under duress. Legal implications here is that Sam may challenge the agreement or will in court, citing duress....

Conclusion

The use of psychological pressure or threats to coerce someone into doing something against their will is known as duress. Under contract law, duress is a defense available to the defendant in cases where the plaintiff is coerced into committing a crime against their will by threats. A party may repudiate a contract, making it void, if they were coerced into doing so by another party....

Frequently Asked Questions on Duress – FAQs

Which kinds of duress are there?...