When it comes to legal situations, being familiar with important terms and concepts is an essential part of avoiding further problems. One concept that some business professionals may be less familiar with is that of duress. Put simply, duress is a term that describes a situation in which an individual is threatened to take an action, often against their own will.
For example, if a company was being forced into making a deal by a competitor, who threatened to cut off its supply lines — this could be considered duress. The threat is forcing the company to take a certain action, or face a difficult outcome, even though it would not otherwise be in its interest.
Recognising Duress Is Key to Protecting Your Business
It is important for business professionals to recognising duress when they encounter it, so as to protect themselves from any potential legal repercussions. Even if the company is taking the alleged action of its own free will and not in response to a threat, it is always a good idea to examine all of the circumstances surrounding any decision, just to make sure that nothing untoward has occurred.
In addition, recent changes to the law have made it easier to prove cases of duress. If a company or individual can demonstrate that the victim felt coerced into taking an action — and that the person doing the coercing had the means and motive to carry it out — then the defence of duress may be used in a criminal or civil court.
The takeaway is that business professionals should familiarise themselves with the concept of duress and be aware of the implications it could have on their organisations. Recongising duress is key to avoiding costly and time-consuming legal difficulties.