Etymology
"Duress" comes from the Old French word "duresse," meaning "hardship" or "severity." This, in turn, comes from the Latin word "durus," meaning "hard."
Meaning and Origin
Duress is a legal term that refers to a situation where someone is forced to do something against their will or consent due to the threat or use of force or coercion. It can arise in both criminal and civil contexts.
Criminal Duress
In criminal law, duress is a defense to a crime that claims the defendant was forced to commit a crime due to the threat or use of imminent and irresistible force. The threat must be to the defendant or someone close to them, and it must be reasonable for the defendant to believe that they or their loved one would be harmed if they did not comply.
Duress is not a valid defense if the defendant had a reasonable opportunity to escape the threat or to report it to the authorities.
Civil Duress
In civil law, duress refers to a situation where a person is forced to enter into a contract or perform an act against their will due to the threat or use of coercion. This coercion can take various forms, such as physical force, threats of violence, or economic pressure.
A contract entered into under duress is voidable, meaning the victim can have it canceled if they can prove that they were forced into it by threat or coercion.
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