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)[reply]

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)[reply]

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)[reply]

Citations
  1. ^ People v. Unger, 362 N.E.2d 319 (1977)
  2. ^ Handbook on Criminal Law 381 (1972)
  3. ^ People v. Unger, 362 N.E.2d 319 (1977)
  4. ^ Handbook on Criminal Law 381 (1972)

SÙNG MÍ MẮT[edit]

Makakskdnndn 2402:800:61EB:736C:61D6:E2A:BACB:690 (talk) 17:18, 20 April 2024 (UTC)[reply]

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