Undue influence regarding the signing of a contract is much more subtle than coercion or coercion and requires persuasion – much like a fraudster works. Courts generally consider relationship dynamics and patterns of behaviour when determining undue influence, rather than one or a few specific actions. Physical coercion was demonstrated in Barton v. Armstrong (1976), where Armstrong threatened to assassinate Barton if he did not sign a contract to sell certain companies. The Privy Council accepted the defence of coercion and agreed to dissolve the treaty concluded under death threat. In jurisprudence, coercion or coercion refers to a situation in which a person performs an act as a result of violence, threats or other pressure against him. Black`s Law Dictionary (6th edition) defines coercion as “any threat or unlawful coercion. to incite others to act [or not to act] in a manner that they would not otherwise [or do]”. Coercion is pressure on a person to do something they wouldn`t normally do. The concept of coercion must be distinguished from both undue influence on civil law. In criminal law, coercion and necessity are different defences. [1] [2] The key to determining whether coercion has occurred is to examine how the actions affected the alleged victim`s ability to make an informed decision. It is, by its very nature, a subjective assessment.
Whether or not there is lawful coercion should not depend solely on whether a “reasonable person” would have felt unduly coerced. It depends on the facts of the case and the specific relationship between the people involved. Coercion refers to the act of using threats or psychological pressure to force someone to behave in a way contrary to their desires. In contract law, coercion is used as a form of defense against a crime in which the defendant uses threats to force the plaintiff to commit a crime that is against his will. A party who is compelled to perform an act or contract under duress may terminate the contract and render it null and void. A party who fears for its safety may take enforcement action. An example would be the threat of harming a person`s family if they refuse to sign a contract. If a threatened illegal or illegal act takes place, this is considered coercion. In criminal law, when a person is found mentally ill because he believed that God had commanded him to commit the crime (“divine decree”), one interpretation of insanity is that he acted under the illusion of God`s coercion.
[12]:615–625 In a forced defence, the party admits to having committed an act, but unintentionally. Although the act was illegal, it was committed under extreme pressure or under threat of causing bodily harm or even death. A party is not convicted of committing an unlawful act if it was satisfied that it would suffer bodily harm if it did not participate. The government`s role is then to prove that the defendant threatened to harm the plaintiff if he did not enter into the contract. If you invoke coercion, you may need to prove that you agreed to the terms of the contract primarily as a result of a threat. Even if the other party did not intend to carry out the threat, it may be considered coercion if it had the effect of prompting you to sign. As can be seen, asserting the defense of coercion can sometimes be a complicated task. Therefore, if you find yourself in a situation where you are sued for breach of a contract that you entered into under conditions that you consider coercion, you should immediately seek the advice of a competent and well-qualified business lawyer to learn more about your rights, possible defenses, and the proper enforcement of the defense against coercion. To successfully defend the defence of coercion, four elements must be demonstrated: Coercion may be invoked as a defence to any crime, with the exception of intentional murder or attempted intentional homicide of a person. While coercion cannot generally be used as a defence to intentional homicide, it can be used as a defence to establish no intent in the case of a charge of first degree murder. An accused who invokes coercion has in fact done everything to form the actus reus of the crime and a la mens rea because he wanted to do so to avoid imminent or actual harm.Thus, the defendant is already liable to some degree of culpability for what was done. Consideration is what is referred to when goods and services are negotiated and exchanged. It is vital, and without it, there is no treaty. If one side benefits, but the other receives only what was originally promised, it is coercion. Professor Ronald Griffin, Florida Agricultural & Mechanical College of Law, Orlando, FL, simply expresses physical coercion: “Your money or your life.” In Barton v. Armstrong,[8] a decision of the Privy Council, Armstrong (respondent) attempted to force Barton (plaintiff) to execute an act related to the sale of certain companies by threatening to have him assassinated. Although the plaintiff took the threats seriously, there were other business reasons for signing the contract. An innocent party who wishes to terminate a contract against the person for coercion only has to prove that the threat was made and that this was a reason for concluding the contract. Once it is established that the threat was made, the onus is on the person who made the threat to prove that the threat did not contribute to the applicant`s decision to enter into the agreement. [9] Nevertheless, people sometimes sign contracts under duress or because of undue influence or coercion.
