The state of compulsion or necessity in which a person is influenced, whether by the unlawful restrain of his liberty or by actual or threatened physical violence, to incur a civil liability or to commit an offense.
force, commonly under unlawful threat of harm or injury; also, an affirmative defense to an intentional tort; or against the enforcement of a prenuptial agreement (e.g., that it was signed 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.
When one party induces another into entering into a contract by use or threat of force, violence or other similar means, the contract was realized by duress. The contract would be voidable at the option of the victim. If the definition you're searching for is not listed, please feel free to email us.
Refers to conduct that has the effect of compelling another person to do what he or she would not otherwise do. It is a recognized defense to any act, such as a crime, contractual breach or tort, all of which must be voluntary to create liability or responsibility.
Duress or coercion (as a term of jurisprudence) is a possible legal defense, usually as exculpation rather than excuse, by which defendants argue that they should not be held liable because the actions that broke the law were only performed out of an immediate fear of injury. Black's Law Dictionary (6th ed.) defines duress as "any unlawful threat or coercion used... to induce another to act [or not act] in a manner [they] otherwise would not [or would]." The notion of duress must be distinguished both from undue influence in the civil law and from necessity which might be described as a form of duress by force of circumstances.