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Duress

Where a person is prevented from acting (or not acting) according to their free will, by threats or force of another, it is said to be 'under duress'.

Where a person is prevented from acting (or not acting) according to their free will, by threats or force of another, it is said to be under duress.

Contracts signed under duress are voidable and, in may places, you cannot be convicted of a crime if you can prove that you were forced or threatened into committing the crime (although this defence may not be available for serious crimes).

Duress can be in regards to threatened physical harm or economic duress.

In Brown v United States, Justice Holmes wrote that: "Detached reflection cannot be demanded in the presence of an uplifted knife".

REFERENCES:

Brown v United States 256 US 335 (1921)

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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