Business Law

Duress is a principle recognized in most areas of law (including criminal law); Black’s Law Dictionary defines it as “threat of harm made to compel a person to do something against his or her will or judgment” . But with regard to contract it describes a situation whereby a party is induced by threats to enter into agreement with another. In Seear v Cohen a father signed promissory notes after being informed that proceedings will be brought against his son for allegedly misappropriating finds. It was held that such threats amounted to duress, and as such the father had the option to rescind the contract. As a general principle, duress can be a ground for which a party rescinds or sets aside a contract and claim damages. As such, it grants the reliant party to render the contract voidable .

Consent means to provide approval for something to happen or an arrangement to do something.

Influence can cause some behavior in some person for a specific purpose based on a power base.

Consent is the informed agreement to an action and/or decision. Permission for something to happen or agreement to do something.

The principle of law is that for a valid contract to be formed there must be an agreement reached by both parties.

NOW, THEREFORE, in consideration of the mutual promises herein set forth and subject to the terms and conditions hereof, the parties agree as follows:

Mercedes Connolly and her husband purchased airline tickets and a tour package for a tour to South Africa from Judy Samuelson, a travel agent doing business as International Tours of Manhattan. Samuelson sold tickets for a variety of airline companies and tour operators, including African Adventurers, which was the tour operator for the Connollys’ tour. Mercedes and injured her left ankle and foot. She sued Samuelson for damages. Is Samuelson liable?

Human Trafficking is also done by threatening or the use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim

Authoritative Leadership A leader is what binds and holds a community together. When a plane crashes into an island, a group of schoolboys are obligated to form a government guided by a leader. One of the older boys, Jack, uses an authoritative leadership style and the other older boy, Ralph, uses a more collaborative leadership style. Thus, causing a clash between the boys.

Consent is the giving of permission for something to happen. This may seem like a simple concept, but when looking further into the ways we as humans give consent makes this subject a little more complicated. We give consent everyday. We make agreements, promises, contracts, etc. with the people and communities of our daily lives.

Every contract is based on the concept of agreement. A contract is defined as a legal agreement consisting of exchange of promises which is recognized by law as giving rise to enforceable rights and obligations. The test of agreement is used to ensure whether or not there is a contract between the parties. Whereas the objective test ensures certainty, the same cannot be said about the subjective test of agreement. The objective test of agreement is when the court decides whether there is contract based on the outward appearance of what constitutes the contract. However the subjective test of agreement involves trying to establish whether there was a “meeting of minds” when the contract was made. That is, to try to figure out the mental state of mind of the parties involved during the time the contract was made.

They include: Duress, coercion, intoxication, diminished capacity, mental impairment, ignorance of the law, fear of violence, the actual infliction of harm, the threat of a harsh sentence, and misunderstanding the situation.

Coercion is the process of forcing someone to do something through the use of threats or intimidation. Often, coercion and other tactics are used in order to obtain a false confession. At times, this principle may involve hurting others in order for the interrogator to get what he/she wants, such as a false confession. Coercion is seen in the documentary during Jessie Miskelley’s false confessions.

Generally, no one denies the preponderance of denial strategy over punishment strategy. But why do we keep discussing punishment strategies? The answer is all about the costs of enforcement. In fact, cost-benefit analysis is an important part of studies on coercion. From the perspective of the adversary, if resistance costs (comprising the costs of preventing the threat and the pain imposed by coercer’s sanctions) are perceived as more than the compliance costs, it is more possible for the adversary to comply. But if choosing to resist and failing, after the denial strategy of the coercer achieves, the target faces both resistance and compliance costs together. The punishment strategy, however, implies that the target still retains options and chances not to bear compliance costs. This is why denial strategy is more effective than punishment.

Consent must be clear and recognizable from other things and given in a comprehensive and effectively open frame, utilizing clear and plain language. It must be as simple to pull back assent as it is to allow it.