Rethinking Duress
Jurisprudence Vol. 7, Iss. 3, 2016
Posted: 3 May 2018
Date Written: December 1, 2016
Abstract
John Hyman makes a good case for the proposition that duress defeases what would otherwise be a voluntary act. In this article, I consider Hyman's arguments in the context of economic duress and conclude that while Hyman makes an excellent case for the proposition that duress vitiates voluntariness, there may be cases where the law might not want to allow the defence of duress.
Keywords: jurisprudence, duress, voluntariness, consent, choice
Suggested Citation: Suggested Citation
Patterson, Dennis, Rethinking Duress (December 1, 2016). Jurisprudence Vol. 7, Iss. 3, 2016 , Available at SSRN: https://ssrn.com/abstract=2910858
Dennis Patterson (Contact Author)
Rutgers University School of Law, Camden ( email )
Camden, NJ 08102-1203
United States
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