Duress - Law Dictionary Search Results
Home Dictionary Name: duressDuress
Duress [fr. duresse, Fr.; durities, Lat., constraint], imprisonment, compulsion.Duress is either by imprisonment or by threats. In order to constitute duress by imprisonment, either the imprisonment or the duress consequent upon it must be tortious and unlawful.By the Common Law, a contract made during duress is not void, but voidable; and the person upon whom it is practised may avail himself of the duress as a special defence to an action thereupon at any time. But the person who has employed the force cannot allege it as a defence, if the contract be insisted upon by the other.Where a person is not a free agent, and is not able to protect himself, the Court will protect him, and will set aside a contract made under duress. Circumstances also of extreme necessity and distress of the party, although not accompanied by the direct restraint or duress, may, in like manner, so entirely overcome his free agency as to justify the Court in setting aside a contract made by him on account of s...
duress
duress [Anglo-French duresce, literally, hardness, harshness, from Old French, from Latin duritia, from durus hard] : wrongful and usually unlawful compulsion (as threats of physical violence) that induces a person to act against his or her will : coercion ;also : the affirmative defense of having acted under duress see also economic duress compare necessity, undue influence NOTE: A person may be able to avoid the consequences of his or her acts under the law if they were performed while under duress. For example, a contract made under duress is voidable by the coerced party. Similarly, a will signed under duress is invalid. Duress may also be used to justify a criminal act. A threat to bring a lawsuit is not duress. ...
economic duress
economic duress : wrongful or unlawful conduct that creates fear of economic hardship which prevents the exercise of free will in engaging in a business transaction ;also : the defense of economic duress called also business compulsion ...
duress of goods
duress of goods :a wrongful threat to detain or the actual detaining of another party's property that leaves the party no alternative but to agree to a transaction ...
defense
defense 1 : the act or action of defending see also self-defense 2 a : the theory or ground that forms the basis for a defendant's opposition to an allegation in a complaint or to a charge in a charging instrument (as an indictment) ;also : the evidence and arguments presented supporting the defendant's opposition see also accord, alibi, assumption of risk, coercion, consent contributory negligence at negligence, denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitations absolute defense : complete defense in this entry af·fir·ma·tive defense : a defense that does not deny the truth of the allegations against the defendant but gives some other reason (as insanity, assumption of risk, or expiration of the statute of limitations) why the defendant cannot be held liable NOTE: The defendant bears the burden of proof as to affirmative defenses. choice of evils d...
Constraint
Constraint, duress. See DURESS....
Protest
Protest, a solemn declaration of opinion, generally of dissent. Each peer has a right, when he disapproves of the vote of the majority of the House of Lords, to enter his dissent on the Journals of the House, with his reasons for such dissent, which is usually styled his protest.Also a notification written by a notary upon a foreign bill of exchange of non-acceptance or non-payment; as to this, see Bills of Exchange Act, 1882, s. 51, by which a foreign bill, dishonoured by non-acceptance or non-payment, must be duly protested, otherwise the drawer and indorsers are discharged. All protests made in England must, by the (English) Stamp Act, 1891 (see schedule), be stamped, otherwise they cannot be given in evidence without payment of a penalty.The following is a form of protest for non-payment:-On the .......... day of .........., at the request of A.B., bearer of the original bill of exchange, whereof a true copy is on the other side written, I [notary's name], of [address], notary publ...
voluntary
voluntary 1 a : proceeding from one's own free choice or consent rather than as the result of duress, coercion, or deception [a statement] b : not compelled by law : done as a matter of choice or agreement [ arbitration] c : made freely and with an understanding of the consequences [a plea of guilty] 2 : done by design or intention 3 : made without valuable consideration or for nominal consideration [a conveyance] vol·un·tar·i·ly [vÄ -lən-ter-ə-lē] adv vol·un·tar·i·ness n ...
Resignation
Resignation, implies that the party resigning has been elected to the office which he resigns: a man cannot 'resign' that which he is not entitled to, Stroud's Judicial Dictionary, Vol. 3, p. 2299.Resignation, is a term of legal art having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the person on resigning, made freely and not under duress and the word is generally defined as an act of resigning or giving up, as a claim, possession or position, Corpus Juris Secundum, Vol. 77, p. 311.Resignation, must be unconditional and with an intention to operate as such, Words and Phrases (Permanent Edition) Vol. 37, p. 476.Means the spontaneous relinquishment of one's own right as conveyed by the maxim. Resignatio est juris propril spontanea refutatio, Black's Law Dictionary, 6th Edn.Resignation, must be made with intention of relinquishment the office accompanied by act of relinquishment, Prabha Aarti v. State of Utta...
Recognition adnullanda per vim et duritiem facta
Recognition adnullanda per vim et duritiem facta, a writ to the justices of the Common Bench for sending a record touching a recognisance, which the recognisor suggests was acknowledged by force and duress; that if it so appear, the recognizance may be annulled, Reg. Brev. 183....
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