文档介绍：Duress
By Xia Haoran
国际商法
演示目录
CONTENTS
Duress mon Law
Duress in Civil Law
Duress in the UNIDROIT
Duress in China Contract Law
Duress(强迫) mon Law
Definition: a wrongful coercion that induces a person to enter or modify a contract.
Key words: coercion, compulsion, force...(physical or mental, )
for example, a seller grasps the buyer's hand, and forces him to sign a contract (pulsion)
Dramatic Changes of the Elements of Duress mon Law
Classical contract law: a narrow view
limiting duress to threats of imprisonment or serious physical harm
Today's courts: a broader view
1) an improper threat 2) the victim has no reasonable alternative but to enter the contract
Three Categories
1) Duress to a Person
Definition : using actual or threatened volience or unlawful imprisonment of a person or a near relative of that person in order to pressure them in to entering a contract
the onus of proof is on the person who has allegedly suffered duress to prove that it actually took place(谁主张谁举证)
2) Duress to Goods
3) Economic Duress
Three Categories
1) Duress to a Person
2) Duress to Goods
Explanation: wrongful threats to seize or damage or destory their goods
3) Economic Duress
Explanation: overwhelming illegitimate pressure is brought to bear on business people to enter a contract
Comercial pressure and economic duress????????
for example, one party threatens to breach