Description of the legal term Duress:
Duress refers to a situation where a person is forced or coerced into committing an act against their will due to the threat of harm. In the context of British law, it is recognized as both a defense to a criminal charge and a reason to invalidate a contract. It involves the use of unlawful pressure on an individual to coerce them into performing an act that they would not ordinarily perform.
Under criminal law, duress can be invoked as a defense if the defendant can prove that they were compelled to commit a criminal act because they reasonably believed that there was an immediate threat of death or serious bodily harm to themselves or others, and that the threat left no reasonable escape except to commit the crime. However, the defense of duress is not universally available for all crimes. For instance, it is not a defense for murder.
There are two main types of duress: duress by threats and duress of circumstances. Duress by threat, also known as duress per minas, involves threats of physical violence to a person or sometimes threats to their property. Conversely, duress of circumstances involves a scenario where an individual is driven into a perilous situation and commits a crime to escape.
When it comes to the contract law aspect, duress can lead to a contract being declared voidable. This means the party who was subjected to duress once they are free from the coercion, may choose whether or not to affirm or rescind the contract. The key elements that need to be established for duress in contract law include the proof of a threat, which is unlawful or illegitimate, and that the threat substantially influenced the entry into the contract.
In evaluating claims of duress, the courts apply a subjective test to determine the impact of the threat on the individual in question. They consider whether a person of ordinary firmness, sharing the same characteristics of the claimant, would have yielded to the threat.
Legal context in which the term Duress may be used:
One illustrative example of duress in British criminal law is the case of an individual who is kidnapped and then forced, under threat of violence, to commit burglary. If prosecuted for the burglary, the defendant could claim that they acted under duress since there was an immediate threat to their safety, creating a compulsion to commit the offense. The defense would need to demonstrate not only the presence of an imminent and real threat but also the lack of a safe avenue for escape.
Another context might involve a business transaction where a company is forced into a contractual agreement by a supplier threatening to withhold timely delivery of essential goods unless certain additional onerous terms are accepted. If the company signs the contract under these threats, they may later assert that they entered the agreement under duress. If proven, the court may find the contract voidable, thereby releasing the company from the terms of the unfair agreement.
The recognition of duress within British law is integral to ensuring justice and fairness. It differentiates between actions taken out of free will and those compelled by undue influence or coercion. Protecting individuals from being unjustly punished for acts they performed under the shadow of threats reinforces the moral and legal standards of the justice system. Similarly, in contract law, acknowledging duress allows for the preservation of contractual freedom and the assurance that agreements are made through the autonomous will of the parties involved.