duress of property

duress of property
The refusal of one in possession or control of property of another to surrender the possession or control of it to the owner except upon compliance with an unlawful demand. A contract made by the owner under such circumstances to emancipate the property is to be regarded as made under compulsion and duress and is voidable by the owner. 25 Am J2d Dur § 5. A contract procured by threats inducing fear of the destruction of one's property, and compelling him to act against his will may be avoided on the ground of duress, there being in such a case only the bare form of a contract, wholly lacking the voluntary assent necessary for a binding contract. Cleaveland v Richardson, 132 US 318, 33 L Ed 384, 10 S Ct 108.

Ballentine's law dictionary. . 1998.

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  • duress — du·ress /du̇ res, dyu̇ / n [Anglo French duresce, literally, hardness, harshness, from Old French, from Latin duritia, from durus hard]: wrongful and usu. unlawful compulsion (as threats of physical violence) that induces a person to act against… …   Law dictionary

  • duress of goods — See duress of property …   Ballentine's law dictionary

  • duress of goods — duress of goods: a wrongful threat to detain or the actual detaining of another party s property that leaves the party no alternative but to agree to a transaction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Duress in English law — For United States law on the criminal defense, as well as for duress in contract law, see duress. Duress in English law is a complete common law defence, operating in favour of those who commit crimes because they are forced or compelled to do so …   Wikipedia

  • Duress — For English law on the criminal defences, see duress in English law. For the American film, see Duress (film) …   Wikipedia

  • Duress code — A duress code is a covert signal used by an individual that is under duress to indicate their state. The term duress code typically refers to a signal embedded in normal communication, such as a word or phrase used during conversation to alert… …   Wikipedia

  • duress — Any unlawful threat or coercion used by a person to induce another to act (or to refrain from acting) in a manner he or she otherwise would not (or would). Subjecting person to improper pressure which overcomes his will and coerces him to comply… …   Black's law dictionary

  • duress — Any unlawful threat or coercion used by a person to induce another to act (or to refrain from acting) in a manner he or she otherwise would not (or would). Subjecting person to improper pressure which overcomes his will and coerces him to comply… …   Black's law dictionary

  • duress per minas — Compulsion exercised by threat of imprisonment, mayhem, or taking of life or limb. 25 Am J2d Dur § 11. As defined at common law, such duress existed only where the party entered into a contract or performed an act for fear of imprisonment, mayhem …   Ballentine's law dictionary

  • Property damage — Criminal law Part o …   Wikipedia

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