duress


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duress

[dyo̅o̅res′]
Etymology: L, durus, hard
(in law) an action compelling another person to do what he or she would not do voluntarily. A consent form signed under duress is not valid.
References in periodicals archive ?
26) The Court in Ezokola v Canada (Citizenship and Immigration) emphasized that Article 1(F) (a) will only apply to individuals whose conduct is voluntary and held that "[t]he voluntariness requirement captures the defence of duress which is well recognized in customary international criminal law, as well as in art.
A full contextual analysis would necessarily include any viable defences, including, but certainly not limited to, the defence of duress.
In the UAE, she would have to jump over several more hurdles to prove duress, find a mistake of fact or show misrepresentation in order to have the release held as void.
Nothing in the FAA prevents courts from invalidating forced-arbitration clauses on the basis of "generally applicable contract defenses, such as fraud, duress, or unconscionability.
But even if parties are not able to litigate the duress argument outlined below, they can make still the same argument to their arbitrator.
Article 31 of the Rome Statute makes the unacceptable mistake of combining the elements of duress and necessity into one theory of excuse that includes a proportionality requirement.
Part III proposes a revised definition of duress for the ICC to adopt that would rest on principles of moral culpability and better comport with historical understandings of what an excuse defense is under criminal law.
20) Judge Brady denied Davenport's request, instructing the jury that duress was not a valid affirmative defense to murder.
The affirmative criminal defense of duress, also known as compulsion or coercion, has a lengthy common-law history rooted in the moralistic "choice of evils" rationale: duress is acceptable as a defense when the resulting harm is less than the threatened harm.
In both duress and the special reason argument one key factor will be the distance that you actually drove.
The contractual and criminal bases for duress in Canada, the United States, and the Commonwealth (1) are currently in disrepair on certain issues after a long and sordid history.
Historically, contractual duress was applied in narrowly circumscribed situations.