BACHELOR OF BUSINESS ADMINISTRATION

BUSINESS ADMINISTRATION

BUSINESS LAW

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Using an improper threat to obtain an agreement is ____
A
Misrepresentation
B
Fraud
C
Duress
D
Undue Influences
Explanation: 

Detailed explanation-1: -In simple terms, duress means any form of coercion or threat that is used to induce a party to enter into a contract. Initially, duress was only confined to actual or threatened violence. Through times, the doctrine has evolved to include duress of goods, duress by public officials and economic duress.

Detailed explanation-2: -Duress refers to the act of using threats or psychological pressure to force someone to behave in a way that is contrary to their wishes. In contract law, duress is used as a form of defense to a crime where the defendant uses threats to force the plaintiff to commit a crime that is against their wishes.

Detailed explanation-3: -Duress, in a contractual context, refers to a situation where a person is pressured into signing a document they would not have signed without that pressure. The most common form of duress is coercion. That is, when another person threatens you if you don’t sign the contract.

Detailed explanation-4: -For example, if Bob makes unlawful threats or engages in a coercive behavior that causes his Aunt Sally to sign an agreement or execute a will against her will, then Bob is causing Aunt Sally to be “under duress."

Detailed explanation-5: -A threat to bring a civil lawsuit unless someone enters into a contract constitutes duress.

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