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duress    音标拼音: [d'ʊrɛs]
n. 强迫,监禁

强迫,监禁

duress
n 1: compulsory force or threat; "confessed under duress"

Duress \Du"ress\, n. [OF. duresse, du?, hardship, severity, L.
duritia, durities, fr. durus hard. See {Dure}.]
1. Hardship; constraint; pressure; imprisonment; restraint of
liberty.
[1913 Webster]

The agreements . . . made with the landlords during
the time of slavery, are only the effect of duress
and force. --Burke.
[1913 Webster]

2. (Law) The state of compulsion or necessity in which a
person is influenced, whether by the unlawful restrain of
his liberty or by actual or threatened physical violence,
to incur a civil liability or to commit an offense.
[1913 Webster]


Duress \Du*ress"\, v. t.
To subject to duress. "The party duressed." --Bacon.
[1913 Webster]

108 Moby Thesaurus words for "duress":
amperage, argumentum baculinum, armipotence, authority, beef,
black power, brute force, captivity, charge, charisma,
close arrest, clout, coercion, cogence, cogency, compulsion,
compulsoriness, confinement, constraint, detention, dint, drive,
durance, durance vile, effect, effectiveness, effectuality, energy,
flower power, force, force majeure, forcefulness, full blast,
full force, high pressure, house arrest, immuration, immurement,
imprisonment, incarceration, influence, internment, intimidation,
jailing, main force, main strength, mana, mandatedness,
mandatoriness, might, might and main, mightiness, moxie,
muscle power, necessariness, necessitation, necessitude, necessity,
obligation, obligatoriness, obligement, pizzazz, poop, potence,
potency, potentiality, power, power pack, power structure,
power struggle, powerfulness, prepotency, pressure, productiveness,
productivity, puissance, pull, punch, push, restraint, sinew,
steam, strength, strong arm, strong-arm tactics, superiority,
superpower, term of imprisonment, the big stick, the bludgeon,
the club, the jackboot, the mailed fist, the strong arm, the sword,
threat, throughout, validity, vehemence, vigor, vim, violence,
virility, virtue, virulence, vitality, wattage, weight

DURESS. An actual or a threatened violence or restraint of a man's person,
contrary to law, to compel him to enter into a contract, or to discharge
one. 1 Fairf. 325.
2. Sir William Blackstone divides duress into two sorts: First. Duress
of imprisonment, where a man actually loses his liberty. If a man be
illegally deprived of his liberty until he sign and seal a bond, or the
like, he may allege this duress, and avoid the bond. But, if a man be
legally imprisoned, and either to procure his discharge, or on any other
fair account, seal a bond or a deed, this is not by duress of imprisonment,
and he is not at liberty to avoid it. 2 Inst. 482; 3 Caines' R. 168; 6 Mass.
R. 511; 1 Lev. 69; 1 Hen. & Munf. 350; 5 Shepl. R. 338. Where the
proceedings at, law are a mere pretext, the instrument may be avoided.
Aleyn, 92; 1 Bl. Com. 136.
3. Second. Duress per minas, which is either for fear of loss of life,
or else for fear of mayhem, or loss of limb,; and this must be upon a
sufficient reason. 1 Bl. Com. 131. In this case, a man way avoid his own
act. Id. Lord Coke enumerates four instances in which a man may avoid his
own act by reason of menaces: 1st. For fear of loss of life. 2d. Of member.
3d. Of mayhem. 4th. Of imprisonment. 2 Inst. 483; 2 Roll. Abr. 124 Bac. Ab.
Duress; Id. Murder, A; 2 Str. R. 856 Fost. Cr. Law, 322; 2 St. R. 884 2 Ld.
Raym. 1578; Sav. Dr. Rom. Sec. 114.
4. In South Carolina, duress of goods, under circumstances of great
hardship, will avoid a contract. 2 Bay R. 211 Bay, R. 470. But see Hardin,
R. 605; 2 Gallis. R. 337.
5. In Louisiana consent to a contract is void if it be produced by
violence or threats, and the contract is invalid. Civ. Code of Louis. art.
1844.
6. It is not every degree of violence or any hind of threats, that will
invalidate a contract; they must be such as would naturally operate on a
person of ordinary firmness, and inspire a just fear of great injury to
person, reputation or fortune. The age, sex, state of health; temper and
disposition of the party, and other circumstances calculated to give greater
or less effect to the violence or threats, must be taken into consideration.
Id. art. 1845. The author of Fleta states the rule of the ancient common law
thus: "Est autem metus praesentis vel futuri periculi causa mentis
trepidatio; est praesertim viri constantis et non cujuslibet vani hominis
vel meticulosi et talis debet esse metus qui in se contineat, mortis
periculum, vel corporis cruciatura."
7. A contract by violence or threats, is void, although the party in
whose favor the contract is made, and not exercise the violence or make the
threats, and although he were ignorant of them. Id. 1846.
8. Violence or threats are cause of nullity, not only where they are
exercised on the contracting party, but when the wife, the husband, the
descendants or ascendants of the party are the object of them. Id. 1847.
Fleta adds on this subject: "et exceptionem habet si sibi ipsi inferatur vis
et metus verumetiam si vis ut filio vel filiae, patri vel fratri, vel sorori
et ahis domesticis et propinquis."
9. If the violence used be only a legal constraint, or the threats only
of doing that which the party using them had a right to do, they shall not
invalidate the contract A just and legal imprisonment, or threats of any
measure authorized by law, and the circumstances of the case, are of this
description. Id. 1850. See Norris Peake's Evid. 440, and the cases cited
also, 6 Mass. Rep. 506, for the general rule at common law.
10. But the mere forms of law to cover coercive proceedings for an
unjust and illegal cause, if used or threatened in order to procure the
assent to a contract, will invalidate it; an arrest without cause of action,
or a demand of bail in an unreasonable sum, or threat of such proceeding, by
this rule invalidate a contract made under their pressure. Id. 1851.
11. All the above, articles relate to cases where there may be some
other motive besides the violence or threats for making the contract. When,
however, there is no other cause for making the contract, any threats, even
of slight injury, will invalidate it. Id. 1853. Vide, generally, 2 Watts,
167; 1 Bailey, 84; 6 Mass. 511; 6 N. H. Rep. 508; 2 Gallis. R. 337.


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  • DURESS Definition Meaning - Merriam-Webster
    Duress is most often paired with the word under to refer to force or threats meant to make someone do something For example, someone forced to sign a document signs it “under duress,” and a person held “under duress” is not free to leave but is being constrained, usually unlawfully
  • DURESS Definition Meaning | Dictionary. com
    DURESS definition: compulsion by threat or force; coercion; constraint See examples of duress used in a sentence
  • What Does Duress Mean in Law? Definition and Types
    Duress is a legal concept that applies when someone is forced to act — whether signing a contract or committing a crime — because of an unlawful threat that left them no real choice
  • duress | Wex | US Law | LII Legal Information Institute
    Duress refers to a situation where one person makes unlawful threats or otherwise engages in coercive behavior that causes another person to commit acts that they would otherwise not commit
  • What Signing Under Duress Really Means and Its Legal Implications
    Signing under duress refers to a situation where a person is compelled to sign a document due to threat, coercion, or undue pressure, leaving their consent not freely given This article explains what constitutes duress, how it affects contract validity, how courts evaluate claims, and practical steps for those who may have signed under duress The goal is to provide clear, actionable guidance
  • DURESS | English meaning - Cambridge Dictionary
    Duress is (in some cases) an excusing condition But given the above, we established that if all of our conditions were fulfilled, the use of duress or coercion could be morally defended The governor, however, made it clear that he had only done so under duress
  • Duress - Definition, Examples, Cases, Processes - Legal Dictionary
    Duress amounts to the use of coercion, force, false imprisonment, threats, or psychological pressure to get someone to act in a way he does not wish, or which is not in his best interest
  • Duress - definition of duress by The Free Dictionary
    Constraint or difficulty caused by misfortune: "children who needed only temporary care because their parents were ill, out of work, or under some other form of duress" (Stephan O'Connor)
  • Duress in American law - Wikipedia
    Duress is a threat of harm made to compel someone to do something against their will or judgment; especially a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition
  • Duress Definition Meaning | Britannica Dictionary
    1 ENTRIES FOUND: duress (noun) duress dʊ ˈ rɛs Brit djʊ ˈ rɛs noun Britannica Dictionary definition of DURESS [noncount] formal : force or threats meant to make someone do something





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