Smith and Roberson's Business Law
Smith and Roberson's Business Law
16th Edition
ISBN: 9781285428253
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 11, Problem 1CO
Summary Introduction

To discuss: The kinds of duress and its legal effects.

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Explanation of Solution

Duress: The duress is an illegal act or threat that overwhelms the self-determination of a party. The kinds of duress is as follows:

Physical compulsion: If one person force another to an agreement over real bodily power renders the contract void and that individual exerting the pressure is answerable in compensation as essential to evade unfair enhancement.

Improper threats: By means of social and financial coercion, send-off the victim with no sensible substitute to approving with the additional influential party; threat might be clear or incidental from words or behaviour.  A personal test is utilized to define whether the threat really persuaded agreement on the part of the individual demanding to be the victim of pressure; creates the agreement voidable at the choice of the forced party.

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