Economic Duress - Law Dictionary Search Results
Home Dictionary Name: economic duresseconomic 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
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. ...
Duress
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...
business compulsion
business compulsion : economic duress ...
Special Economic Zone
Special Economic Zone, means a specifically delineated duty-free enclave, as if it were a foreign territory for the purpose of trade operations, duties and tariffs, having been declared and notified in the official Gazette as a Special Economic Zone by the Central Government. [West Bengal Special Economic Zone Act, 2003, s. 2(l)]Means each Special Economic Zone notified under the proviso to sub-section (4) of section 3 and sub-section (1) of section 4 (including Free Trade and Warchousing Zone) and includes an existing Special Economic Zone. [Special Economic Zone Act, 2005 (28 of 2005), s. 2(za)]Means each Special Economic Zone notified under the proviso to sub-s. (4) of s. 3 and sub-s. (1) of s. 4 (including Free Trade and Warehousing Zone) and includes an existing Special Economic Zone. [Special Economic Zone Act, 2005, s. 2(Za)]Means the area declared by the Government of India as the Special Economic Zones. [Gujarat Special Economic Zone Act, 2004, s. 2(n)]Means an area identified...
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 ...
Existing Special Economic Zone
Existing Special Economic Zone, means every Special Economic Zone which is in existence on or before the commencement of this Act, the Special Economic Zones Act, 2005, s. 2(k)....
Economic activity
Economic activity, means in order to determine whether an activity is an economic activity for the purpose of the common system of VAT, 'the activity is considered per se and without regard to its purpose or result, Commission v. Netherlands, (1987) ECR 1471....
Public emergency and economic emergency
Public emergency and economic emergency, public emergency within the contemplation of this section is one which raises problems concerning the interest of the public safety, the sovereignty and integrity of India, the security of the State, friendly relations with foreign States or public order or the prevention of incitement of the commission of an offence. It is in the context of these matters that the appropriate authority has to form an opinion with regard to the occurrence of a 'public emergency' with a view to taking further action under this s. Economic emergency is not one of those matters expressly mentioned in the statute, Hukam Chand Shyam Lal v. Union of India, (1976) 2 SCC 128: AIR 1976 SC 789. [Telegraph Act, 1885, s. 5(1)]...
economic obsolescence
economic obsolescence see obsolescence ...
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