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duress

Subject: Law

N. Pressure, especially actual or threatened physical force, put on a person to act in a particular way. Acts carried out under duress usually have no legal effect; for example, ...

duress

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A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
230 words

... n. Pressure, especially actual or threatened physical force, put on a person to act in a particular way. Acts carried out under duress usually have no legal effect; for example, a contract obtained by duress is voidable ( see also economic duress ; undue influence ). In criminal law, when the defendant’s power to resist is destroyed by a threat of death or serious personal injury or by circumstances, he will have a defence to a criminal charge, although he has the mens rea for the crime and knows that what he is doing is wrong ( R v Graham [ 1982 ]...

DURESS

DURESS   Reference library

The Oxford Dictionary of the Jewish Religion (2 ed.)

Reference type:
Subject Reference
Current Version:
2011
Subject:
Religion
Length:
338 words

...to be resisted even at the cost of one’s life. However, a person who violates one of these three precepts under duress remains unpunished by human courts (Yitsḥaq ben Sheshet Perfet, Resp. 4, 11, 387). A divorce granted under duress is invalid, and a woman who is forced to agree to wedlock is considered unmarried by law. Oaths or vows taken under duress are also invalid and carry neither obligation nor penalty. Similarly, a gift bestowed under duress may be rescinded (Shemu’el ben Me’ir on B.B. 47b), but a sale or purchase concluded under similar...

Duress

Duress   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
3,086 words

...duress are recognized: lawful duress ( ikrāh bi-h.aqq ) and unlawful duress ( ikrāh ghayr mashrūʿ ). An example of lawful duress is the exercise of a right, for example, the threat to bring a case to court. Unlawful duress plays a much more important role in legal discussions. As it is defined in the Mecelle, the famous Ottoman Civil Code of 1877 (article 948, book 19, ch. 2), “duress” means forcing another person illegally to do something against his or her will by frightening him or her. There are two degrees of unlawful duress. The first is grave duress...

duress

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Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
323 words

...lawful action (e.g. entering a contract on certain terms). Duress may be physical (in the nature of an assault ) or a threat to cause harm to the person under duress or to others close to the person. At common law duress was limited to the person and to goods (although a claim of economic duress may be recognised by the common law: Pao On v Lau Yiu Long [1980] AC 614, 626); but in general it was equity that extended the concept to non-physical threats: Barton v Armstrong [1976] AC 104, 118. Duress may be distinguished from undue influence by looking at the...

duress

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A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
193 words

... Pressure, especially actual or threatened physical force, put on a person to act in a particular way. Acts carried out under duress usually have no legal effect; e.g. a contract obtained by duress is voidable . In criminal law, when the defendant's power to resist is destroyed by a threat of death or serious personal injury, he will have a defence to a criminal charge, although he has the mens rea for the crime and knows that what he is doing is wrong. Duress is not a defence to a charge of murder as a principal (i.e. to someone who actually carries...

economic duress

economic duress   Quick reference

A Dictionary of Business and Management (6 ed.)

Reference type:
Subject Reference
Current Version:
2016
Subject:
Social sciences, Business and Management
Length:
87 words

...duress Historically, in contract law, a claim that a contract was voidable for duress could only be successful if a threat to the person (i.e. physical duress) had induced the contract. Now, however, a contract may be voidable for economic duress. The essential elements are that an illegitimate threat has been made (e.g. to breach an existing contract or to commit a tort) and that the injured party has no practical alternative to agreeing to the terms set out by the person making the...

economic duress

economic duress   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
229 words

...duress Historically within contract law, a claim that a contract was voidable for duress could only be successful if a threat to the person (i.e. physical duress) had induced the contract ( Skeate v Beale ( 1840 ) 11 Ad & El 983, 113 ER 688). Now, however, a contract may be voidable for economic duress ( Occidental Worldwide Invest Corporation v Skibs A/S Avanati [ 1976 ] 1 Lloyd’s Rep 293), which is the unlawful exercise of economic pressure to induce someone to enter into an agreement. The essential elements are that an illegitimate threat is made...

economic duress

economic duress   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
103 words

...duress Historically within contract law, a claim that a contract was voidable for duress could only be successful if a threat to the person (i.e. physical duress) had induced the contract ( Skeate v Beale (1840) 11 Ad & El 983, 113 ER 688). Now, however, a contract may be voidable for economic duress. The essential elements are that an illegitimate threat is made (e.g. to breach an existing contract or to commit a tort) and that the injured party has no practical alternative to agreeing to the terms set out by the person making the threat. See also ...

prolonged duress stress disorder

prolonged duress stress disorder n.   Quick reference

A Dictionary of Psychology (4 ed.)

Reference type:
Subject Reference
Current Version:
2015

...duress stress disorder n . An anxiety disorder resulting from prolonged exposure to stress , such as severe work-related stress or continual bullying, with symptoms similar to those of post-traumatic stress disorder ( PTSD ) but without any specific trauma involving actual or threatened death or serious injury, as required for a diagnosis of PTSD. It was suggested by the British psychologists Michael J(ames) Scott (born 1948 ) and Stephen G. Stradling (born 1947 ) in a book entitled Counselling for Post-traumatic Stress Disorder ( 1992 ,...

duress

duress   Reference library

Fowler’s Dictionary of Modern English Usage (4 ed.)

Reference type:
Subject Reference
Current Version:
2015

...duress /djʊә'rɛs/ is the only current form (not duresse ). It originally meant ‘hardness’, but now survives mainly in the phrase under duress ‘under compulsion’. Such compulsion to do something against one’s will may be by actual imprisonment, but is commonly used more generally (= under a threat of physical violence,...

duress

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New Oxford Rhyming Dictionary (2 ed.)

Reference type:
Subject Reference
Current Version:
2013
Subject:
Language reference
Length:
105 words

... • acquiesce , address, assess, Bess, bless, bouillabaisse, caress, cess, chess, coalesce, compress, confess, convalesce, cress, deliquesce, digress, dress, duchesse, duress, effervesce, effloresce, evanesce, excess, express, fess, finesse, fluoresce, guess, Hesse, impress, incandesce, intumesce, jess, largesse, less, manageress, mess, ness, noblesse, obsess, oppress, outguess, phosphoresce, politesse, possess, press, priestess, princess, process, profess, progress, prophetess, regress, retrogress, stress, success, suppress, tendresse, top-dress,...

duress

duress n   Reference library

Oxford Business Spanish Dictionary: English-Spanish

Reference type:
Bilingual Dictionary
Current Version:
2003
Subject:
Bilingual dictionaries
Length:
4 words
duress

duress n [u]   Quick reference

Pocket Oxford Spanish Dictionary: English-Spanish (4 ed.)

Reference type:
Bilingual Dictionary
Current Version:
2012
Subject:
Bilingual dictionaries
Length:
11 words
duress

duress n   Quick reference

Pocket Oxford-Hachette French Dictionary: English-French (4 ed.)

Reference type:
Bilingual Dictionary
Current Version:
2012
Subject:
Bilingual dictionaries
Length:
10 words
duress

duress n   Quick reference

Pocket Oxford Italian Dictionary: English-Italian (4 ed.)

Reference type:
Bilingual Dictionary
Current Version:
2012
Subject:
Bilingual dictionaries
Length:
10 words
duress

duress n.   Quick reference

Pocket Oxford German Dictionary: English German (4 ed.)

Reference type:
Bilingual Dictionary
Current Version:
2012
Subject:
Bilingual dictionaries
Length:
5 words
duress

duress noun   Quick reference

Pocket Oxford American Thesaurus (2 ed.)

Reference type:
English Dictionary
Current Version:
2012
Subject:
English Dictionaries and Thesauri
Length:
22 words
duress

duress n   Reference library

Oxford Business French Dictionary: English-French

Reference type:
Bilingual Dictionary
Current Version:
2003
Subject:
Bilingual dictionaries
Length:
19 words
duress

duress noun   Quick reference

Oxford Paperback Thesaurus (4 ed.)

Reference type:
English Dictionary
Current Version:
2012
Subject:
English Dictionaries and Thesauri
Length:
15 words
duress

duress noun   Quick reference

Oxford Dictionary of English (3 ed.)

Reference type:
English Dictionary
Current Version:
2015
Subject:
English Dictionaries and Thesauri
Length:
113 words

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