Talk:Duress in American law
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Has anyone heard of a mortgage company using duress to get mortgages signed?
I've added some things on contract law to do with duress - however it's Australian-centric - other users might like to add things based on their own country. Enochlau 09:30, 16 Jun 2005 (UTC)
This article needs revision
[edit]To begin with, the article should be renamed to Duress in American law. It is quite problematic to have the article entitled Duress covering American law only, while having a separate article for Duress in English law.
Aside from that, the entire article reads like somebody's opinion rather than actual fact. Statements like "It is extremely unlikely that a state would exclude a class of persons from liability for acting under duress" do not belong in an encyclopedia article on a legal topic -- rather the article should say which states exclude liability for acting under duress and which do not. --Mathew5000 01:34, 23 April 2007 (UTC)
- Also it is weird that the introduction says necessity might be considered a form of duress. Usually it is the other way around: duress is considered a special form of necessity. --Mathew5000 01:38, 23 April 2007 (UTC)
Duress and threats
[edit]I am wondering if anyone has information about duress defenses when for example, a person is told that 5 hostages will be killed if the person does not kill 1 person and there is no way to get out of the situation. Can that person claim duress, considering that 5 people dead are usually considered worse than 1 person dead, though both are obviously undesirable.
Needs work
[edit]The two sentences in the WP:lede are very confusing:
- The notion of duress must be distinguished both from undue influence in the civil law. In criminal law, duress and necessity are different defenses.[1][2]
Perhaps they should read:
- Duress has two meanings:
- (1) A form of undue influence in civil law
- (2) An affirmative defense in criminal law. See duress and necessity[3][4]
Is it acceptable for me to make the change, if I understand it correctly? Perhaps, it is an affirmative defense in contract law?
--David Tornheim (talk) 09:46, 8 March 2017 (UTC)
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[edit]Makakskdnndn 2402:800:61EB:736C:61D6:E2A:BACB:690 (talk) 17:18, 20 April 2024 (UTC)