Coercion Vs. Duress

  • 2 minute video.
  • The term duress corresponds to coercion under English Law.
  • Legally, coercion is defined as the “committing or threatening to commit, any fact forbidden by the law, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.”
  • Under common law, duress is a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person.
  • Duress includes doing an illegal act against a person, whether it is to be crime or tort.
  • In English law, duress is constituted by acts or threats against any person and not against their property.
  • Coercion may proceed from a person who is not a party to the contract, and it may also be directed against a person who again, may be a stranger to the contract.
  • BUT duress should proceed from a party to the contract and is also directed against the party to the contract himself, or his wife, parent, child or other near relatives.