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Topic: Duress (contract law)

	Duress - Wikipedia, the free encyclopedia
		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.
		In the criminal law, the defendant's motive for breaking the law is usually irrelevant although, if the reason for acting was a form of justification, this may reduce the sentence.
		It is extremely unlikely that a state would exclude a class of persons from liability for acting under duress since, by identifying the situations giving rise to duress and excluding them, the state might encourage victims not to show any form of resistance when simple defiance might otherwise have prevented the commission of the offence.
	en.wikipedia.org /wiki/Duress (541 words)

	Duress (contract law) - Wikipedia, the free encyclopedia
		Duress in the context of contract law is a common law defence, and if you are successful in proving that the contract is vitiated by duress, you can rescind the contract, since it is then voidable.
		Duress has been defined as a "threat of harm made to compel a person to do something against his or her will or judgment; esp., a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition." - Black's Law Dictionary (8th ed.
		The contract is voidable if the innocent party can prove that it had no other practical choice (as opposed to legal choice) but to agree to the contract.
	en.wikipedia.org /wiki/Duress_(contract_law) (318 words)

	UK Contracts Law - Wikibooks, collection of open-content textbooks
		Under the law, a person is not guilty of a crime if he participated only because he believed, and had good reason to believe, that he would be seriously harmed if he did not participate and had no other way of escaping serious harm.
		Duress per minas, which is either for fear of loss of life, or else for fear of mayhem, or loss of limb,; and this must be upon a sufficient reason.
		A contract by violence or threats, is void, although the party in whose favor the contract is made, and not exercise the violence or make the threats, and although he were ignorant of them.
	en.wikibooks.org /wiki/Contracts_Law (2050 words)

	Contract Law (Site not responding. Last check: 2007-10-10)
		One could define a quasi contract as an “obligation as if it were a contract” or an “obligation analogous to a contract.” Quasi contracts do not have all the ingredients of a contract, but law as a contract treats them.
		Consideration is the inducement to contract and is an act, or the forbearance of an act, which is offered by one party and accepted by the other as an inducement to that other’s act or promise that is mutually acceptable.
		A contract admittedly valid on its face cannot be avoided by a party thereto on the ground of fraud, except by allegation and proof of facts showing that he was misled, to his prejudice.” Lindsay v.
	www.worldnewsstand.net /history/articles/contract_law.html (2058 words)

	California Contract Law
		Contracts involving the sale of real estate, contracts concerning the sale of goods worth more than $500, contracts that cannot be performed within one year, contracts to pay someone else's debts, leases for more than one year, and contracts for marriage must be in writing.
		Once there is a final, written contract between the parties, the parol evidence rule forbids the introduction in a court proceeding of any previous agreements between the parties on the subject matter of the contract.
		Typically, in a contract involving the sale of land, awarding money damages for a breach does not put the nonbreaching party in the same position he or she would have been in if the contract were fulfilled.
	www.weblocator.com /attorney/ca/law/c06.html (1935 words)

	A FORMAL APPROACH TO CONTRACTUAL DURESS† (Site not responding. Last check: 2007-10-10)
		But if proposes an unfair contract with, in a situation where refusing to contract at all would not benefit and where has no choice, is acting maliciously in the sense that he or she is seeking to use the power to contract for the sole purpose of extracting something from.
		The contract advances 's interests, but the circumstances under which it is made suggest that the transaction is a parasitic version of the usual contract, in that is using only as a means to his or her own ends.
		Third, it may be that freedom of contract is important in contract law for neither instrumental nor intrinsic reasons, but that freedom of choice might be presupposed in the doctrines of contract law, in that those doctrines treat the contracting parties as autonomous agents who are free and equal in some sense.
	www.utpjournals.com /product/utlj/472/472_stewart.html (18181 words)

	Texas Contract Law
		This chapter summarizes the elements of a contract, factors that may affect the validity of a contract, and recovering damages if a contract is breached.
		Duress is the use of force or pressure by one party to make the other party agree to the contract.
		Typically, in a contract involving the sale of land, awarding money damages for a breach does not put the nonbreaching party in the same position he or she would have been in if the contract had been fulfilled.
	www.weblocator.com /attorney/tx/law/c06.html (2016 words)

	Contract Law - Legal Essays and Coursework (Site not responding. Last check: 2007-10-10)
		Contract law - There are four basic elements of a contract that must be fulfilled.
		The possibility of invoking a unilateral contract is chosen by the courts who wish to grant rights to someone who has relied upon the promise of someone else (especially to their detriment) without wishing to impose contractual obligations on them.
		A contract is a document binding two or more parties which when signed all parties within the contract have a legal obligation to for fill the duties said within the contract.
	www.acumenlegal.com /Contract_Law (5577 words)

	OUCLF : articles: A Hadjiani (2002)
		At the same time however, and similar to the law of duress (VI, b, bb), they have refrained from stating explicitly their concern that the notion offreedom of contract may be undermined in cases of undue influence.
		Under English law such words as “the abuse of the inequality of bargaining power” (IX, a, cc, bbb) are used to describe the same situation, which seems to be the underlying basis of undue influence in both the English common law system and the civil law system of Germany.
		First, as with the law of duress (VI, b), it is clearly in contrast to the present doctrine of undue influence in both jurisdictions to deny the relevance of the defective consent element.
	ouclf.iuscomp.org /articles/hadjiani.shtml (16089 words)

	Contract Law Essays and Dissertations
		The modern authority for this rule is the maritime hold up case of Stilk v Myrick1 where two members of a ship's crew deserted before it had completed its voyage, the rest of the crew then threatened to leave unless the captain of the ship divided up the deserters pay amongst them.
		Mere commercial pressure does not amount to economic duress; instead the pressure has to be such that it amounts to ' a coercion of will that vitiates consent 3 '.
		More specifically situations where the promisee tries to extract the value of contract specific assets that reflect the sunk investment knowing that the promisor cannot move that investment, and that an award of damages will not be as beneficial to the promisor as the proposed renegotiation.
	www.law-essays-uk.com /essaysamples/contractlawessay/pre.htm (1052 words)

	Law - Oxford University Press - UK General Catalogue (Site not responding. Last check: 2007-10-10)
		In the field of contract law, a finding of exploitation may excuse a party from the normal consequences of his or her manifested contractual assent.
		This notion is shown to underpin traditional heads of relief in contract law, including unconscionable dealing, undue influence, unilateral mistake in equity, and 'lawful act' duress.
		The doctrines of unconscionable dealing, duress, and undue influence are examined in detail in the light of what they each reveal about the 'process' conception of legal contractual exploitation.
	www.oup.com /uk/catalogue/?ci=9780198260639&view=lawview (454 words)

	[1996] 5 Web JCLI
		Social contract law is concerned to stimulate greater co-operation between the parties, at the expense of antagonism (p 28).
		Fourthly, there are aspects of EC Competition law which are of relevance, in particular Articles 85 and 86 of the Treaty of Rome, as well as the Contractual block exemption regulation, and the Insurance block exemption regulation.
		Wilhelmsson also reaffirms the point mentioned earlier that Nordic social contract law is of a relatively dynamic nature, in assessing the fairness of contractual provisions by reference to events which took place after the conclusion of the contract (p 200).
	webjcli.ncl.ac.uk /1996/issue5/willett5.html (3390 words)

	Basic Contract Law
		A contract represents a pact which defines relationships, establishes rights and duties, and sets forth the basic philosophies of a union.
		Running throughout this area of law Is objectivity, that is, manifestation of reasonableness under the proscribed rules and regulations of the game.
		The law requires that, in some executory cases, this sixth contractual element be met.
	backup.paralegals.org /Reporter/Spring97/contract.htm (1667 words)

	RE05RC01 Contract Law
		For a contract to be valid and enforceable under the Massachusetts Statute of Frauds, you must have a written memorandum with following minimal requirements:
		Instructors are responsible for maintaining their own curriculum to keep abreast of changes in the law.
		Instructors are encouraged to "teach" to the class and treat this as a basic introduction or advanced course.
	www.mass.gov /dpl/boards/re/contedu/2001/005.htm (190 words)

	University of Michigan Law School: Centers and Programs
		This paper argues that enforcement of an agreement, reached under a threat to refrain from dealing, should be conditioned solely on the credibility of the threat.
		By denying enforcement in cases where a credible threat exists, duress doctrine precludes the threatened party from making the commitment that is necessary to reach agreement.
		Paradoxically, it is in those circumstances where a threatened party has no alternative options or adequate remedies that, under duress doctrine, she cannot secure an agreement.
	www.law.umich.edu /centersandprograms/olin/abstracts/02-017.htm (235 words)

	JUR5260 - English Law of Contract
		The course focuses on English contractual law, including the rules on formation of contracts (offer, acceptance and consideration), the concept of privity, the rights of third-party beneficiaries to a contract, and the assignment of contractual rights.
		In addition, the course covers rules on defining the terms of a contract (including express and implied terms), agreements to modify terms, and various defences to the formation of a contract (misrepresentation, duress etc.).
		The course deals also with law on breach of contract, the remedies available for breach, the law relating to damages, excuse for non-performance, and the doctrine of frustration.
	www.uio.no /studier/emner/jus/jus/JUR5260/index-eng.xml (202 words)

	Law-Contract, Consumer & Sales
		Differentiate among classes of contracts, such as bilateral and unilateral; express and implied; and oral and written
		Discuss the impact of the law of different countries and the impact of international law on contractual transactions
		Discuss the impact of the law of different countries and the impact of international law on consumer protection
	www.educ.uidaho.edu /standards/Buslaw_module2.htm (462 words)

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