Duress In Agreements
To better understand how coercion and unacceptable influence can turn a treaty into an unscrupulous treaty, it is important to examine the circumstances in which the idea of contract and contract law developed. It goes without saying that modern treaties and modern contact law developed rapidly in the nineteenth century due to the rapid growth of industrialization, trade and commercial activity between men and societies. As a result of this increase in commercial activity, commercial disputes are also becoming a daily occurrence in society, with businessmen having asked the courts and judges to remedy these disputes. Coercion under contract law is a common law defence, which is put in place when one of the parties has held an ascending position relative to the other party and has abused that position by using the other threat. Therefore, coercion in contract law may simply be declared as a party forced by another party to enter into a contract on the basis of serious threats. For there to be coercion, there must be a threat that compels a party to enter into an agreement that it would not have concluded otherwise if the threat coercion had not existed. These threats may take the form of threats against the person and/or their family. One can threaten to damage goods, which is known as coercion to goods and not to one`s person. It must be shown that the goods would actually be damaged if a party did not agree to enter into a contract so that a contract under duress of the good would be unlawful. The retention of property alone does not constitute forced suppression and cannot be effectively used in court to render a treaty unscrupulous and/or illegal.
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