You can't get somebody to do something by force, by duress, by overcoming their will. |
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But she said that while both parties consented to arranged marriages, forced unions were made under duress. |
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Maybe they were under duress, either directly manifested or social, to be seen celebrating. |
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This coincides with the current division in the law as represented by the twin doctrines of undue influence and economic duress. |
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Leaves attacked by insects or disease, on the other hand, die under duress, spotted and curled. |
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His smile was charming, and his eyes bright and winsome, and with his aura came an atmosphere of leisure accompanied by a tinge of duress. |
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There were a lot of stories around before the election that people were urged to vote under duress. |
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The most obvious examples are forgery, duress or mistake as to the nature of the form being signed. |
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It may sound unfashionably Corinthian but sport's best lesson to young people is control and grace under duress. |
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Though the church consistently backed the state under communism, it clearly did so under duress and the threat of increased persecution. |
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My wife was forced under extreme duress to sign consent orders which are not in the best interests of the children. |
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Today there is much overlap with the common law principle of duress as this principle has subsequently been developed. |
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We all know the commitments were entered into under duress, with teachers threatening to effectively shut down the system and block exams. |
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In fact, experience shows that intelligence extracted by duress is often flawed. |
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At a preparatory hearing he raised possible defences of duress, necessity and public interest. |
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Others even suggest that advocacy organizations have paid women to say they signed permissions under duress. |
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It's excruciating to watch someone so young, who probably should be free of such pressure, clearly suffering under duress. |
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On the one hand, if it can be established that money is paid over by duress or compulsion, it is recoverable. |
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As stated above, generally speaking, necessity is a broader heading than duress. |
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This is the cornerstone that must be laid carefully or the building will fall under the slightest duress. |
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He suggested that his apparent support for official policy was obtained under duress. |
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Attorneys later took up his appeal on the grounds that he had surrendered his rights under duress. |
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They ruled that if defendants could show they were acting out of necessity or under duress the jury had the right to hear them out. |
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When the circumstances giving rise to the duress subside, they must return to law abidance as soon as reasonably practicable. |
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If there is one message from what's happened, it is that when this Government is in a jam, it volunteers little except under duress. |
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Cases now treated as infanticide often involve extreme emotional disturbance, as do mercy killings, suicide pacts, and cases of duress. |
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Economic duress is unlikely to lead to the vitiation of banking transactions. |
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He does not impose Himself by force, nor does He claim people under duress. |
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The resignation of the President is not constitutional because he did that under duress and threat. |
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The truth is, students not in financial duress who reclaim their non-compulsory fees are essentially ripping the rest of us off. |
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In February of the following year the Sioux, under duress, relinquished their claim to the Black Hills. |
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It is a grim pilgrimage, a pilgrimage under duress, during which he is beset by threatening forces which he cannot fathom and yet needs to comprehend if he is to survive. |
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The past two decades have seen businesses globalising mostly under duress. |
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If I have it out and put it back in the holster under some duress I want it to stay put in case it goes from a gunfight to a fistfight and back to a gunfight. |
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Military experts point out that that code of conduct is a moral guide, not a legal guide, and that statements made under duress or torture are rarely punished or reprimanded. |
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Some security firms have systems whereby staff can signal that they are acting under duress by dropping pre-arranged and seemingly innocuous words into their conversation. |
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At the end of the day, your Honours, the issue was whether or not a person who is not an employee can bring proceedings for the contravention of statutory duress. |
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So, for the champion of fiscal duress, the vilifier of tax exiles, the boot seems to be pretty much on the other foot. |
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When someone is really in duress or really needing help, the counsellors have to be there, not after the fact. |
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Courts may refuse to recognize a marriage contract if it was negotiated in an atmosphere of duress or if a party lacked independent legal advice. |
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Once outside Canada, he filed an appeal arguing that his relinquishment should be considered null and void because he had signed under duress. |
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There was no evidence of pressure or duress or the other usual indicia of unconscionability. |
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But the sense of duress surrounding the regime this time around seems especially pronounced. |
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Executions have been carried out in spite of claims by defendants that they were forced to confess to their guilt under duress. |
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It is also necessary to know under what circumstances the documents were produced and to be sure that the person was not under duress. |
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Team activities such as stress testing the balance sheets and verifying debt covenants under duress were common. |
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The denial to citizens of their right to their electoral franchise by obtaining, under duress, their absentee voting certificate. |
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The source further reports that confessions extracted under duress are systematically used as evidence in these courts. |
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They may donate their organs as a last resort or under duress, and thus reduce their chances for good health and survival. |
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The Court also disagreed with the trial judge that the Wolda had signed the ETA under duress. |
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Often, confessions extracted under duress have been relied upon to convict defendants. |
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Several witnesses told the court that these statements had been obtained under duress. |
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The controller may have been under a degree of personal duress due to the hospitalization of his mother. |
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We hope to bring more capability to our customers, not only here in Canada under times of duress but other customers around the world. |
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The word sustain suggests a minimal standard, and many animals can sustain physiological functions even through duress. |
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Under the economic theories of John Maynard Keynes, in times of such economic duress, governments are supposed to run deficits. |
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Confessions that are obtained through undue influence, force or duress are inadmissible. |
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To constitute duress, it must be established that the applicant's mind was so overcome by oppression that there was an absence of free choice. |
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One important issue is when an apparent consent will be vitiated because it was given under duress or without full knowledge of the material facts. |
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Why, for example, were 400 people crammed under duress onto a leaky boat that, even if it were seaworthy, could carry no more than 150 people in safety? |
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His stolid immobile attitude under duress is compared to sceptical acatalepsy, although it is admitted that this could also be attributed to Stoicism. |
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The other players are picked from Western Canada based upon their adeptness, and general conduct as well as their ability to perform under mental and physical duress. |
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Firstly, he picked them up, and secondly, only turned around under duress. |
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I do not turn to Clarissa in times of duress, but then I am an unregenerate reader, too enthralled by Lovelace's legerdemain to linger over Richardson's edifying sentiments. |
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Periods of severe duress are, perhaps, when the media earns its stripes. |
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Of course I am not speaking of contracts induced by fraud, duress, or undue influence, or impeachable on any other recognized ground of invalidity. |
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It was asserted that regular use of tobacco while under duress would not only calm the soldiers but allow them to withstand greater hardship. |
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It held that if consent had been given in circumstances of duress, undue influence, deceit or emotional distress for the person concerned, then there would be strong grounds to make a return order. |
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Turning to duress, the conduct in this case was pressure of a non-physical nature by the applicant's mother and stepfather, who wanted to obtain financial benefit from the marriage. |
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Great house, steep discount, vacated under duress. |
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Article 27 of the Code specifies that when it is found or proven that confessions of guilt have been obtained under duress, they are null and void. |
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Most assets sold under duress are discounted from their fair market value. |
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He retracted his initial confessions in court, claiming that they had been obtained under duress and identifying the names of those responsible for his ill-treatment. |
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Finally, with regard to article 15, he emphasized the importance of recording interrogations as a means of preventing the use of confessions obtained under duress. |
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Citizens whose livelihood depended directly or indirectly upon the state were placed under duress to acquire and relinquish their absentee voting certificates to their superiors. |
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If a confession is proved to have been made by a person under any of the aforementioned forms of duress or coercion, it shall be deemed invalid and of no effect. |
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I learned to march, strip and clean a rifle, digest field rations, and ultimately have my hair cut under duress. |
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The court rejected her argument that her consent was vitiated by duress since there was no evidence that her will had been overborne or that her consent had been obtained through fear. |
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It was let down by engine noise which sounded quite boomy in the cabin, particularly when the 104mph Navara was put under duress on the motorway. |
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The camps aimed at inculcating qualities of leadership, camaraderie and team spirit under severe physical and mental duress on the trainees. |
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Yet the Commission has been prepared to accept, admittedly under political duress, draconian restrictions on its operating budget quite at odds with its political ambitions! |
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What form these outflows will take, which region will suffer more, depends on each region's financial vulnerabilities, and how their politicians are expected to operate under duress. |
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Held against her will, and very afraid, so she agrees under duress. |
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For example, minors and those who have committed offences under physical duress, should clearly not be subject to the same penalties as all offenders. |
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He did not indicate any duress to the tower supervisor and he handled a heavy workload and performed his duties competently during the time leading up to the occurrence. |
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The duress must involve a coercion of the will so as to vitiate consent. |
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Such violence is deepening in the suffering of a population that is already under severe duress due to the crippling siege and humanitarian calamity imposed on them for many months now by the occupying Power. |
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Instead 'fairness' was addressed by a number of contract law doctrines, such as the doctrines of duress and undue influence, mistake and misrepresentation. |
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Should it prove to be the case that such reports contain confessions obtained under duress, they are simply rejected and proceedings are initiated against their authors. |
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For example, in SAA 10 179 the haruspex Kudurru explains to Esarhaddon that, under duress, he had performed a fraudulent extispicy. |
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The asphalt surfaces of airports are under continuous duress with such factors as extreme temperature fluctuations adding to normal operational impacts. |
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The Papacy was never on good terms with the Normans of Sicily, except when under duress by the threat of direct military action. |
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Several major institutions either failed, were acquired under duress, or were subject to government takeover. |
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The grievor submitted that in fact what he was signing had not been explained to him, and that he had signed the form under duress without knowledge of its importance or implications. |
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In fact, the measurements had been made under duress during a protest occupation of the platform, since Shell had refused permission. |
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Intoxication is irrelevant to duress, but one cannot also say one is mistaken about duress, when intoxicated. |
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But more recently, duress of circumstance and necessity have been recognized and used by courts. |
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The defences of duress and necessity are not available to a person charged with murder. |
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He concluded that necessity rather than duress of circumstances would apply because the doctor's will was not being overwhelmed by the threat. |
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The law limits the nature of the threat that has to be placed on a person for them to qualify as being under duress. |
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To that extent, this subset of duress seeks to borrow some of the language of necessity. |
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The courts have held that the duress must come from an extraneous source, rather than internal thought processes. |
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When he was released, however, Francis had the Parliament of Paris denounce the treaty because it had been signed under duress. |
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Such reforms were usually undertaken under duress. |
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Any claim that severance pay had been lost through resignations procured under duress would have fallen in all its aspects within the jurisdiction of the arbitrator. |
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The widely-accepted modern definition of contractual duress comes from Lord Scarman in the 1983 British case of Universe Tankships Inc. |
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Skills can be learned but your ability to be able to handle the situation and make sound judgements instantly under extreme emotional and physical duress is something you must hone. |
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However, affirmative defenses such as duress or unconscionability may enable the signer to avoid the obligation. |
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They were termed agons, which word, despite the evident connection to our agony or agonize, originally had nothing to do with the duress or anguish these words now convey. |
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In a duress case, there is no such relationship of prior aggression. |
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The victim of a crime committed under duress may be assumed to be morally innocent, having shown no hostility or aggression towards the defendant. |
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The stuff that's enabled me to beat him seven times, making passing shots under duress, making him play defence on his forehand, he did well today. |
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There have been an increasing number of cases pleading duress arising from the general pressure of circumstances, whether arising directly from human action or not. |
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Forced conversion is adoption of a different religion under duress. |
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Ronald Towner, aged 25, Birbeck House, Guernsey Drive, Chelmsley Wood, was found not guilty by a jury after he denied producing cannabis on the basis he acted under duress. |
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Thus, if the defendant knows what the group does and that some violent people are involved, he or she cannot rely on the violence threatened as duress. |
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In general, courts do not accept a defence of duress when harm done by the defendant is greater than the court's perception of the harm threatened. |
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Granatir likes to save some London broil from supper and use it to seriously test pup's ability to absorb the lesson and show a willingness to obey under duress. |
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The common law long allowed a claim if duress was of a physical nature. |
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However, contrasting to cases involving business parties, the threat to do a lawful act will probably be duress if used against a vulnerable person. |
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The prosecution's difficulty was at one time the greater when the issue of duress had not been raised by the defence until the trial was under way. |
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This would seem to apply to the defence of duress, and in R v Tyrell and others 2004 EWCA Crim 3279, there had been a specific, although late, reliance upon the defence. |
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