Wednesday, 24 January 2018

Duress

"Duress is an unlawful threat of harm or injury, made by a party to the contract or by someone acting on his or her behalf; that causes the other party to conclude a contract. It is not necessary for the threat to be in the form of expressed words or actions. Duress can be implied, tacit, or by conduct and may also be by subtle forms of intimation".

Extract: page 66 - General Principles of Commercial Law


Needless to say one of my subjects this semester is Commercial Law, quite interesting if you've been touched with the wand of the law in the last few years. It brings back some snippets of memories and a lot of ooooh-ing and aaaah-ing, like the light went on and you wished you knew this a few years back. For me about almost 3 years now since the rug was pulled from underneath my feet. I was under forms of duress and was subjected to intimidation and threats when my ex-husband said he was leaving me. If I refused to sign the papers, which at that stage I didn't wanted to do, my life would have been made a living hell and fought into the highest courts....I still remember those words. At that time I concluded the contract because I was too tired emotionally to care about anything else.

Nowadays I'm not fearful of threats and don't allow myself to be intimidated. I've grown harder in that sense and any person's threats or forms of intimidation tells me more about their own insecurities and fearful nature than anything else. I'm more aware of a persons intentions and if its not positive or pure of heart I do not place myself in that person's space.

I'm growing and I'm happy about that.

Have a good nights sleep.

xxx