Duress in the context of "Rescission (contract law)"

⭐ In the context of Rescission (contract law), Duress is considered a factor that might legally justify…

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👉 Duress in the context of Rescission (contract law)

In contract law, rescission is an equitable or legal remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the status quo ante).

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Duress in the context of Republic of Texas

The Republic of Texas (Spanish: República de Tejas), or simply Texas, was a sovereign country in North America from March 2, 1836, to February 19, 1846. Texas was bordered by Mexico to the west and southwest, the Gulf of Mexico to the southeast, the two U.S. states of Louisiana and Arkansas to the east and northeast, and U.S. unorganized territory encompassing parts of the current U.S. states of Oklahoma, Kansas, Colorado, and Wyoming to the north. The Texas Revolution began when hostilities broke out on October 2, 1835, shortly before the regime of Mexican President and General Antonio López de Santa Anna adopted a new Mexican constitution known as the Siete Leyes that abolished the authority of the states under the federal republic and established a centralized government. The revolution lasted for over six months. On March 2, 1836, delegates in convention proclaimed the Texas Declaration of Independence. Major fighting ended on April 21, 1836, with the Treaties of Velasco that ended the fighting and secured Texas' independence.

The Mexican Congress refused to recognize the independence of the Republic of Texas, as the Treaties of Velasco were signed by Santa Anna under duress as prisoner. The majority of the Mexican Congress did not approve the agreement. Much of its territory was controlled and disputed by Mexico or the Comancheria; Mexico considered it a rebellious province during its entire existence. The Anglo-American residents of the area and of the republic were referred to as Texians, while Texans of Mexican descent were referred to as Tejanos.

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Duress in the context of Duress (contract law)

Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. Common-law systems codify the act of violating a law while under coercion as a duress crime.

Coercion used as leverage may force victims to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. Although the concepts of coercion and persuasion are similar, various factors distinguish the two. These include the intent, the willingness to cause harm, the result of the interaction, and the options available to the coerced party.

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Duress in the context of Forced confession

A forced confession is a confession obtained from a suspect or a prisoner by means of torture (including enhanced interrogation techniques) or other forms of duress. Depending on the level of coercion used, a forced confession is not valid in revealing the truth. The individuals being interrogated may agree to the story presented to them or even make up falsehoods themselves in order to satisfy the interrogator and discontinue their suffering.

For centuries the Latin phrase "Confessio est regina probationum" (in English: "Confession is the queen of evidence") justified the use of forced confession in the European legal system. During the Middle Ages, acquiring a confession prior to a trial was especially important. The methods used to acquire a confession were considered less important than the actual confession itself, thus de facto sanctioning torture and forced confessions.

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Duress in the context of Treaty of Fez

The Treaty of Fes (Arabic: معاهدة فاس, French: Traité de Fès), officially the Treaty Concluded Between France and Morocco on 30 March 1912, for the Organization of the French Protectorate in the Sharifian Empire (French: Traité conclu entre la France et le Maroc le 30 mars 1912, pour l'organisation du protectorat français dans l'Empire chérifien), was signed by Sultan Abd al-Hafid of Morocco under duress and French diplomat Eugène Regnault (fr) on 30 March 1912. It established the French protectorate in Morocco, and remained in effect until the Franco-Moroccan Joint Declaration of 2 March 1956.

The treaty gave France the right to occupy certain parts of the country with the pretext of protecting the Sultan from internal opposition, and to hold actual reins of power while preserving the mask of indirect rule consisted of the Sultan and the Sharifian government. Under the terms, the French Resident-General held absolute powers in external as well as internal affairs, and was the only one capable of representing Morocco in foreign countries. The Sultan however, retained the right to sign the decrees (dahirs), which were submitted by the Resident-Generals.

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