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Wednesday, March 27, 2013

Duress

irons in the context of contract law
is a commons law defense, and if unmatchable is successful in proving that the
contract is corrupt by duress, the
contract may be rescinded, since it is
thus voidable. durance has been defined as a threat
of harm made to stimulate a soulfulness to
do something against his or her will
or vox populi; esp., a wrongful threat
made by one individual to compel a
manifestation of seeming assent by other person to a transaction
without real volition. - Blacks Law
Dictionary (8th ed. 2004) imprisonment in contract law falls into two abundant categories:[3] Physical duress, and Economic duress Physical duress Duress to the person Professor Ronald Griffin, Washburn
University School of Law, Topeka, KS,
puts somatogenic duress apparently: Your
money or your life. In Barton v.
Armstrong [1976] AC 104, a
decision of the lav Council, Armstrong threatened to kill Barton
if he did not sign a contract, which
was set aside due to duress to the
person. An innocent companionship wishing
to set aside a contract for duress to
the person need to prove only that the threat was made and that it was
a reason for entry into the contract;
the onus of proof then shifts to the
other party to prove that the threat
had no effect in causing the party to
enter into the contract. Duress bath be made also by social influence.

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Courts frown on this type of contract
because there is really no
manifestation of mutual assent
contact of the minds or
agreement to the terms. Rather, when someone is threatened and
agrees to act to avoid physical harm
by the party making the offer, all
you truly have is a mirror of the
other partys manifestation of
mutual assent not the manifestation of mutual assent by the party being
compel or induced to assent to the
terms of the contract. Therefore, the
meeting of the minds in truth does
not exist. Since there is no meeting
of the minds there can be no contract. Duress to goods In such cases, one party refuses to
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