Tuesday, July 20, 2010

Under Duress

A young friend of mine is having some interesting developments in life. I looked up "duress" in the online http://wikipedia.com
I like this free source of information. Like all media, one must be open minded with information received and given.

I think this information has bearing in our pitiful economy where jobs are hard to come by and we have more at stake than just a nine to five paycheck.
Of course, I am not a lawyer, and have no idea how well this would be received by an employer.

A friend of mine working in the parks system in seasonal capacity said this was his plan for signing documents he'd rather not sign. By writing "signed under duress" he could adequately object to the procedure and get on with his job.


The elements of economic duress

1.Wrongful or improper threat: No precise definition of what is wrongful or improper. Examples include: morally wrong, criminal, or tortuous conduct; one that is a threat to breach a contract "in bad faith" or threaten to withhold an admitted debt "in bad faith".

2.Lack of reasonable alternative (but to accept the other party's terms). If there is an available legal remedy, an available market substitute (in the form of funds, goods, or services), or any other sources of funds this element is not met.

3.The threat actually induces the making of the contract. This is a subjective standard, and takes into account the victim's age, their background (especially their education), relationship of the parties, and the ability to receive advice.

4.The other party caused the financial distress. The majority opinion is that the other party must have caused the distress, while the minority opinion allows them to merely take advantage of the distress.

This post is just some research on my part. Whatever a person does in their own circumstances must be approached on an indivigual basis, with proper counsil.

1 comment: