COERCION - Black's Law Dictionary

What is COERCION? Definition of COERCION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

Compulsion; constraint; compelling by force or arms. Fluharty v. Fluharty, Del. Super., 8 W.W.Harr. 487, 193 A. 838, 840; Santer v. Santer, 115 Pa.Super. 7, 174 A. 651, 652.

It may be actual, direct, or positive, as where physical force is used to compel act against one's will, or implied, legal or constructive, as where one party is constrained by subjugation to other to do what his free will would refuse. Metro Goldwyn Mayer Distributing Corporation v. Cocke, Tex.Civ.App., 56 S.W.2d 489; Fluharty v. Fluharty, 8 W. W.Harr. 487, 193 A. 838, 840. It may be actual or threatened exercise of power possessed, or supposedly possessed. In re New York Title & Mortgage Co., 271 N.Y.S. 433, 150
Misc. 827; Weir v. McGrath, D.C.Ohio, 52 F.2d 201, 203.

As used in testamentary law, any pressure by which testator's action is restrained against his free will in the execution of his testament. Max Ams Mach. Co. v. International Ass'n of Machinists, Bridgeport Lodge, No. 30, 92 Conn. 297, 102 A. 706, 709; Hughes v. Leonard, 66 Colo. 500, 181 P. 200, 203, 5 A.L.R. 817.

Duress and coercion are not synonymous though their meanings often shade into one another. McKenzie-Hague Co. v. Carbide & Carbon Chemicals Corporation, C.C.A. Minn., 73 F.2d 78, 85.

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