What is DURESS? Definition of DURESS in Black's Law Dictionary – Legal dictionary – Glossary of legal terms.
verb. To subject to duress. A word used by Lord Bacon. "If the party duressed do make any motion," etc. Bac. Max. 89, reg. 22.
noun. Unlawful constraint exercised upon a man whereby he is forced to do some act that he otherwise would not have done. It may be either "duress of imprisonment," where the person is deprived of his liberty in order to force him to compliance, or by violence, beating, or other actual injury, or duress per minas, consisting in threats of imprisonment or great physical injury or death. Duress may also include the same injuries, threats, or restraint exercised upon the man's wife, child, or parent. Coughlin v. City of Milwaukee, 227 Wis. 357, 279 N.W. 62, 67, 119 A. L.R. 990; Radich v. Hutchins, 95 U.S. 213, 24 L. Ed. 409.
Duress consists in any illegal imprisonment, or legal imprisonment used for an illegal purpose, or threats of bodily or other harm, or other means amounting to or tending to coerce the will of another, and actually inducing him to do an act contrary to his free will. Heider v. Unicume, 142 Or. 410, 20 P.2d 384, 385; Shlensky v. Shlensky, 369 Ill. 179, 15 N.E.2d 694, 698. And it is never "duress" to threaten to do that which a party has a legal right to do. Doernbecher v. Mutual Life Ins. Co. of New York, 16 Wash.2d 64, 132 P.2d 751, 755, 756; Miller v. Walden, 53 Cal.App.2d 353, 127 P.2d 952, 956, 957. Such as, instituting or threatening to institute civil actions. Standard Radio Corporation v. Triangle Radio Tubes, 125 N.J.L. 131, 14 A.2d 763, 765; Shipman v. Moseley, 319 Ill.App. 443, 49 N.E.2d 662, 666.
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That's the definition of DURESS in Black's Law Dictionary – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.
