Duress in Contract and Criminal Law

Duress is a legal defence that can be used in both contract law and criminal law. In essence, it refers to situations where one party to an agreement or action is coerced or threatened into proceeding against their will or better judgment. While the precise requirements and implications of duress may vary depending on the specific context and jurisdiction, it is generally viewed as a violation of individual autonomy and fairness, and therefore may justify legal remedies or defences.

In contract law, duress occurs when one party to a contract is forced to enter into the agreement against their will due to threats or coercion by the other party. For example, if a person is threatened with physical harm or blackmail unless they sign a contract, that contract may be considered voidable due to duress. In such cases, the victim of duress can seek to have the contract declared void or canceled.

In criminal law, duress is also a defence that can be used by a defendant who claims that they were forced to commit a crime under threat of harm. For example, if someone was threatened with physical harm or death unless they committed a crime, they may be able to use the defence of duress to argue that they were not acting voluntarily and should not be held responsible for their actions. However, the defence of duress is usually only available if the defendant had no reasonable alternative but to commit the crime in question and if the threat of harm was imminent and credible.

In both contract law and criminal law, the key element of duress is the use of coercion or threats to force someone to act against their will. The exact requirements for proving duress may vary depending on the specific jurisdiction and the circumstances of the case.