Coercion in Law
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In law, coercion refers to the use of force or threats to compel someone to do something against their will, thereby undermining their freedom of choice. It is often considered a form of duress, which is the unlawful pressure exerted upon a person to induce them to perform an act they would not ordinarily perform.
Physical coercion: This involves the use of physical force or the threat of physical harm to compel someone to act in a certain way. For example, physically restraining someone or threatening violence to force them to sign a contract would be considered physical coercion.
Duress or economic coercion: This type of coercion involves threats that are not physical but are aimed at causing economic harm or other significant disadvantages. For instance, threatening to reveal damaging information, terminate employment, or cause financial harm unless a person takes a specific action may be considered economic coercion.
Coercion is generally viewed as undermining the voluntary nature of an agreement or action, and contracts or agreements entered into under coercion may be deemed voidable or unenforceable in many legal systems. To establish coercion as a defence or to invalidate a contract, the coerced party typically needs to demonstrate that the pressure applied was wrongful, that it induced them to act against their free will, and that the coercion was a significant factor in their decision.
Physical coercion: This involves the use of physical force or the threat of physical harm to compel someone to act in a certain way. For example, physically restraining someone or threatening violence to force them to sign a contract would be considered physical coercion.
Duress or economic coercion: This type of coercion involves threats that are not physical but are aimed at causing economic harm or other significant disadvantages. For instance, threatening to reveal damaging information, terminate employment, or cause financial harm unless a person takes a specific action may be considered economic coercion.
Coercion is generally viewed as undermining the voluntary nature of an agreement or action, and contracts or agreements entered into under coercion may be deemed voidable or unenforceable in many legal systems. To establish coercion as a defence or to invalidate a contract, the coerced party typically needs to demonstrate that the pressure applied was wrongful, that it induced them to act against their free will, and that the coercion was a significant factor in their decision.