| 单词 | duress |
| 释义 | duress duress pressure to act in a certain way, in particular where there is an element of physical force. It has different effect in different branches of different legal systems.In English criminal law, duress is a DEFENCE, albeit limited, to crim- inal charges: Hudson v. Taylor [1971] 2 QB 202. The fear induced by the duress must be extreme. The focus is on a reasonable person sharing the characteristics of the accused taking the defence. The phrase 'morally involuntary' may reflect the test applied by the courts. It is not available in cases of murder: R v. Howe and Others [1987] 1 AC 417. In Scots criminal law, the defence is known under the name of coer- cion. The requirements are that there should be an inability to resist the threatened violence, the accused must not take a leading part in the crime, and the accused must do his best to disclose the crime and make amends when safe to do so: Thomson v. HMA 1983 JC 69. Whether or not the plea is available in the case of murder is not decided. In the law of CONTRACT, its primary denotation is of actual violence or threats of violence towards the contracting party or those close to him: Welch v. Cheesman (1974) 229 Estates Gazette 99. The effect is to allow the contract to be avoided. The notion of economic duress has gained ground, reflecting the fact that economic pressure can affect conduct and be reprehensible. The difficulty with this, however, is that the free market capitalism that underlies many systems is rather tolerant of such conduct. See Universal Tankships Inc. of Morovia v. International Transport Workers Federation [1982] WLR 803. It can be seen from the last-noted case that the law of RESTITUTION recognises duress as an unjust factor that may bring about a restitutionary award. See UNDUE INFLUENCE. |
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