Sentences with phrase «of duress»

Another ground to void a separation agreement is the concept of duress.

Allegations of fraud may also involve questions of duress, which normally includes a threat or some form of coercion.

They are thoughtful, supportive, and calm in times of duress.

Both parties must understand the nature and consequences of the agreement, and should not be under any form of duress from the other party.

In these type of circumstances, a family court will not hesitate to void any type of settlement agreement that is executed under this type of duress.

I am an organized person by nature and no amount of duress can undo that.

The point of the device, such as it is, is to see whether a device with a curved display can hold up under the kind of duress that a typical smartphone goes through over its lifespan.

Often the defence is used in conjunction with other defences, such as the more general defence of the person or even the excuses of duress or necessity.

Implicit in this conclusion was a finding that the agreement was not the result of duress.

The Ontario Court of Appeal has dispelled any doubts about the availability of the defence of duress in murder cases under the common law.

«The trial judge erred in law by holding that the common law defence of duress was not available to persons charged as parties to a murder,» says the appeal ruling in R. v. Aravena.

The court founds that since the wife's «assertion of duress is doomed to virtually certain failure,» leave to appeal the Consent Order should be dismissed.

However, in a case called Ludmer v. Ludmer, the court examined the nature of duress, stating:

This remedy is available if the contract should not have been entered in the first place because of duress, fraud or misrepresentation.

Having found the wife to lack the capacity to bring the equalization claim, the court added that the Settlement itself was not subject to being undone, since there was no evidence of duress.

The judge will «find» that the divorce is irretrievably broken and that the Separation Agreement was entered into by both parties and not a product of duress or coercion The judge will «find» that the Separation Agreement is fair and reasonable in light of the circumstances.

First of all is the issue of duress.

If there is evidence of duress or coercion, the contract could be struck down.

The allegation of plaintiff that her attorney was chosen and paid for by defendant does not by itself raise a triable issue of fact sufficient to sustain her claim of duress.

As noted by Justice Berger in his dissenting opinion, at para. 27, it was conceded by the Crown Attorney that she was, ``... pressured through manipulation short of duress.»

Corporations and perhaps your own insurance company may seek to take advantage of you in your time of duress.

«(c) that either the party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise; (d) that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of [the Mental Health Act 1983] of such a kind or to such an extent as to be unfitted for marriage.»

She further described the prosecutor's decision to ignore her express instruction not to refer to defences of duress and entrapment as «unspeakable» and as something she had «never experienced... before.

Second, was any form of duress involved?

It is imperative to think clearly in times of duress and understand your legal rights.

Before the Supreme Court of Canada in R. v. Ryan, Greenspan helped redefine the scope of the defence of duress now available to all accused.

It can also be important to take steps to ensure that the agreement can not be challenged later on based on claims of duress.

Second, has there been any form of duress or, put another way, was the employee forced to sign the clause or otherwise threatened with losing his or her job?

Many writers put terms in quotation marks to indicate that they're nonstandard, colloquial, or slang or that the term is being used ironically or under some sort of duress.

The Ontario Court of Appeal outlined the factors necessary to support both a statutory and common law defence of duress, for people who -LSB-...]

A clear case of duress is a recipe for disaster when it comes to a severance limiting provision.

The Court of Appeal ruled that even if the Criminal Code prohibits the defence of duress, it is available at common law.

The Ontario Court of Appeal outlined the factors necessary to support both a statutory and common law defence of duress, for people who find themselves in a «kill or be killed» situation.

The defence of duress is codified under s 17 of the Criminal Code which excuses the commission of an offence where it was committed under compulsion by threats of immediate...

For the first time in Canada, an appeal court has upheld the use of duress as a defence to a charge of murder even though the Criminal Code explicitly rules it out.

By contrast, the first one reads like a cookie - cutter description of Any Lawyer Esq., or maybe a testimonial elicited under some level of duress.

Even then I'd be reluctent to do this unless I was placed in a situation of duress — i.e. your last choice on the decision tree.)

Some pets will only tremble when under some form of duress, such as when approached by strange people and animals, or during thunderstorms.

How long this process will take depends on a variety of factors, including the severity of the meltdown and the duration of the duress.

She uses a unique method of drawing and erasing and pasting on torn paper, until the ravaged face that emerges appears out of the duress and struggle of the making itself.

I asked Amazon about that, and got an answer that indicated that they 1) didn't actually read my email, and 2) only put out a minimal Android app under some sort of duress.

Catching Fire teases out comparisons to the life of a young Hollywood star: celebrity under a microscope and a certain amount of duress, having to keep acting whenever a camera is around; the story certainly riffs on studio - concocted relationships (and / or «bearding») in the tight - smile photo ops of Katniss and Peeta.

Reading spiritual books can also have a calming effect during times of duress, as can an easy guided meditation podcast or app.

We know that parents can cause a lot of duress.

Switching from one activity to another can cause a child a great deal of duress and can result in temper tantrums.

In a moment of duress Capone had obviously thought of Walker; I thought that Walker would have returned the favor by thinking of Capone.

I would honestly like to know, if 100 home cooks were under some sort of duress to follow that instruction, what on earth they would do.

In times of duress, dunk a piece of chocolate into your emergency peanut butter supply.

In 496 A.D., Pope Gelasius declared February 14 a day to honor St.Valentine and the day became associated with the union of lovers under conditions of duress.

You do know that saying someone will go to hell if they don't obey is duress, and if they chose the religion based on any amount of duress, then they were not operating out of free will?