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Old 09-17-2008, 07:44 PM   #1
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Default Two very powerfull words

"Under Duress"

For those who have ever signed anything because you felt pressured, intimidated, coerced to do so, or because your preference was not an option. Using the phrase "Under Duress" printed out before or above your signature is a way to state that your compliance and/or consent is involuntary.

When involuntary consent is given and noted the contract/agreement entered into, under duress, is void of legal consquences and/or liabilities to those who consented involuntarily.

As common sense would dictate, if an individual does not want to do something he or she does not have to. However there are instances where compliance is actually voluntary and yets is seemingly complusary/mandatory. For example: Signing a traffic citation, filing a "Return" of taxes, obtaining any form of license, etc.)

Consider the following maxims of law as back up to my statements and study.

1. "Every consent involves a submission; but a mere submission does not necessarily involve consent."
2. "The essence of a contract being assent, there is no contract where assent is wanting."
3. "A contract founded on a base and unlawful consideration, or against good morals, is null."
4. "He who does not deny, admits."
5. "Certain legal consequences are attached to the voluntary act of a person."
6. "No guilt attaches to him who is compelled to obey."
7. "An act done by me against my will, is not my act."
8. "Consent removes or obviates a mistake."

From my own experiences: I recently was forced to make a choice between only two given options. Neither of which were my preference so, in turn, the choice I did make was made "Under Duress" because I did not want either of the two options. I made sure everyone involved knew my choice was being made under duress.

From what I have studied: I know of stories where individuals have signed "Promises to appear"/traffic citations using the phrase "Under Duress" above their particular signature and have never heard from the court.

In closing. Retaining certian unalienable rights is fairly easy and can be done on a day to day basis. There is another maxim in law that states " Ignorance of facts excuses, ignorance of law does not excuse." All though law is boring knowing what the "Law" acutally says better than your opponent is going to be beneficial for you in the long run.
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