ABSTRACT
This article considers whether there exists a law of ‘lawful act’ duress. I argue that the law of duress prohibits only pressure that is unlawful. The concept of ‘lawful act’ duress, as it is commonly understood, finds no support in the cases. Although there are many reported examples of duress involving threats of lawful action, in each of these cases the pressure was found to be illegitimate because the threatening party had acted unlawfully.
Cooney, Henry, The Lawful Act Duress Myth (July 18, 2023), (2023) 17 Journal of Equity 31.
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