Evolution of Doctrine of Duress in Law

Law

Contents
INTRODUCTION...........................................................................................................................1
Evolution of Doctrine of Duress......................................................................................................1
Elements of Duress..........................................................................................................................2
Forms of Duress...............................................................................................................................2
Illegitimate pressure in economic duress.........................................................................................3
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Duress can be determined as a situation in which a person carries out an act because of
violence, pressure or threat towards an individual. As per the view points of Black’s Law
Dictionary, duress is considered to be unlawful threat or coercion that is used in order to
minimise another to act that others would not. In other words, it is the weapon that enables
common law protect victim of improper pressure (Marks, Marks and Jackson, 2013). When a
contract is formed, then there are many terms and conditions that are included and these are
important for all the parties included to be followed. No party can force to get into a contract or
to fulfil any type of term. The court intervenes at the time when a party get into a contract due to
pressure that is considered to be unacceptable. For these terms which are unacceptable and
acceptable there is a thin difference that can get shifter overtime. All the boundaries that are
considered to be unacceptable pressure are pushed towards encompass different forms of other
pressure like economic pressure.
Evolution of Doctrine of Duress
There are people who make use of restrictive approach for economic duress as it is
considered to be more difficult to relief for the available on this ground. In order to reduce the
duress, there is use of conceptual framework as it generally stems from the laudable notion that
is required to be focused on contracting with another.
All the laws that were related with duress were considered to be threatened violence to
the person (Lub and et.al., 2012). Common laws for duress are assimilated to tort or crime.
However, all these categories were overlapped and this is the reason due to which it considered
to be developed much beyond the narrow scope towards the threatening that is attained for
personal violence. Apart from this equity is delivered with the promise that is made with
immoral or unethical use of superior bargaining position. On the other hand, inequality is the
equitable doctrine of pressure is the force made on another person in order to complete what is
not willing by a person to perform. However, it is identified that there is a duress that is created
by voidable contract at the time when it is threatened by the personal violence for duress of
goods (Qi and Chau, 2012). It was in the 18th century when economic duress began that also in
the single cases of detention or wrongful seizure of personal property. However, there are not
parallel developments in England that were developed. Common law distress was considered to
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