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Business Law Vocabulary Final Exam Review

Terms in this set (82)

Duress has been defined as a "threat of harm made to compel a person to do something against his or her will or judgment; esp., a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition
Coercion to effect an unwilling person's agreement to a transaction. It may take the form of a (1) compulsive act, (2) threat that causes fear, or (3) use of moral or social pressure to overpower the will of the individual. Agreements entered into, or testaments signed under, duress are judged illegal and invalid. See also coercion and undue influence.
Restraint or danger, actually inflicted or impending, which is sufficient in severity or apprehension to deprive a person of free choice, destroy his volition, or obtain consent only in form.

Under the law, a person is not guilty of a crime if he participated only because he believed, and had good reason to believe, that he would be seriously harmed if he did not participate and had no other way of escaping serious harm. The burden is on the government to prove the defendant's guilt beyond a reasonable doubt. To find someone guilty, therefore, there must be proof beyond a reasonable doubt that when he participated in the offense, he did not have a reasonable belief that such participation was the only way he could save himself from serious harm.

An actual or a threatened violence or restraint of a man's person, contrary to law, to compel him to enter into a contract, or to discharge one.

Some divide duress into two sorts: