ABSTRACT
In tort law, duress by threats can take two forms: a cause of action called intimidation, and potentially a defence. Intimidation in English case law tends to be expressed in terms of intentionally coercing the complainant, in order to procure a change in the complainant's behaviour against their wishes, by threatening otherwise to commit an unlawful act. For two-party intimidation, it should not be required that what is threatened be actionable if it were carried out. The criminal defence of duress by threats starts by noting the sympathetic position of the defendant. The criminal defences of duress by threats and duress of circumstances have different rationales. But those different rationales for the criminal defences apply equally to the tortious defences. Criminal law, across various jurisdictions, recognises some form of defence of duress by threats, and duress of circumstances.
