Duress

Marriage

Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...

Dum fuit in prisona

Dum fuit in prisona (while he was in prison), an abolished writ of entry to restore a man to lands which he had aliened under duress of imprisonment, 2 Inst. 482....

Extort

To wrest from an unwilling person by physical force menace duress torture or any undue or illegal exercise of power or ingenuity to wrench away from to tear away to wring from to exact as to extort contributions from the vanquished to extort confessions of guilt to extort a promise to extort payment of a debt...

Duressor

One who subjects another to duress...

Hardship constraint pressure imprisonment restraint of liberty...

Magna Carta

Magna Carta or Mag·na Char·ta [mag-nə-kÄ r-tə] n [Medieval Latin, literally, great charter] : a charter of liberties signed under duress by King John of England in 1215 that influenced the development of several modern legal and constitutional principles (as due process) ...

undue influence

undue influence : improper influence that deprives a person of freedom of choice or substitutes another's choice or desire for the person's own compare coercion, duress, necessity NOTE: It is a doctrine of equity that a contract, deed, donation, or testamentary disposition can be set aside if the court finds that someone has exercised undue influence over the maker at the time that the contract, conveyance, or will was made. To establish a prima facie case it is usually necessary to show a susceptibility to undue influence (as from mental impairment), the opportunity and disposition on someone's part to exercise such influence, and that the transaction would not have been made except for the undue influence. ...

rescind

rescind [Latin rescindere to cut loose, annul, from re- away, back + scindere to cut, split] vt 1 : to take back and make void [ed its suspension of his license] 2 : to abrogate (a contract or transaction) by mutual agreement, judicial decree, or unilateral declaration because of fraud, mistake, duress, misrepresentation, illegality, a breach, or another sufficient ground with both parties restored to their positions before the contract was made [denied that the other party had the right to the contract] compare cancel, terminate 3 : to make void by the same or by a superior authority [ a regulation] vi : to rescind something (as a contract) re·scind·able [-sin-də-bəl] adj ...

necessity

necessity pl: -ties 1 a : the presence or pressure of circumstances that justify or compel a certain course of action ;esp : a need to respond or react to a dangerous situation by committing a criminal act b : an affirmative defense originating in common law that the defendant had to commit a criminal act because of the pressure of a situation that threatened a harm greater than that resulting from the act see also choice of evils defense at defense compare duress, undue influence 2 : something that is necessary esp. to subsistence [obligated to provide the necessities of food, clothing, and shelter] ...

lesser

lesser : of less size, quality, degree, or significance ;specif : of lower criminal liability [duress has been held a good defense to such crimes as robbery, burglary and malicious mischief "W. R. LaFave and A. W. Scott, Jr."] ...

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