Many believe that an agent who acts under duress is less morally responsible for her actions than one who does not, despite her action being intentional. Coercion involves two parties—the coercer and the coercer. An agent acts under duress, and is coerced, if and only if she chooses to do as a coercer requests because of a threat levied against her by said coercer, usually a threat of substantial harm or violence. If she gives him her money because of the threat, she has been successfully coerced and acts under duress. Under normal circumstances had the same pedestrian encountered a nonthreatening stranger, such as a homeless person, who asked her for all of her money, she is free to decline. One can be coerced into acting or refraining from acting.
Duress Or Undue Influence In Commercial Law | the-gap.info
David could potentially use the defence of duress by threats due which is a defence based on the fact that the defendant has been forced to commit a crime because he or she has been threatened with death or serious injury. This may also apply to circumstances where the defendant finds themselves in which means they must commit a crime. Duress can be either through direct threat by another duress by threats or through external circumstances duress by circumstances. Here the duress is through a direct threat by another duress by threats. Disclaimer: This work has been submitted by a student. This is not an example of the work written by professional academic writers.
Email Address:. Click here to download a pdf of the Duress by threats essay plan. Identify, from the scenario, that the D may have a defence of duress by threats. Seriousness of the threat? The threat must be of death or serious injury … is it in the scenario?
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