Repeated harassment by a spouse seeking the other spouse to sign a separation agreement has been found by the courts to constitute duress.
A contract between prospective spouses made in contemplation of marriage and to be effective upon marriage.
If there is a valid defense to a contract, it may be voidable, meaning the party to the contract who was the victim of the unfairness may be able to cancel or revoke the contract.
In some instances, the unfairness is so extreme that the contract is considered void, in other words, a court will declare that no contract was ever formed.
A contract, in order to be enforceable, must be a valid.
The function of the court is to enforce agreements only if they exist and not to create them through the imposition of such terms as the court considers reasonable.
to apply in relation to assent voting, the bylaw must be adopted at least 6 weeks before general voting day for the assent voting.(2) Unless subsection (3) or (4) applies, voting opportunities for the assent voting are those established under Part 3 for the assent voting.(3) Voting opportunities in a voting area for assent voting must be the same as those for an election being held at the same time as the assent voting if(a) the municipality or regional district for which the election is being held is conducting the assent voting for the voting area, and(b) the voting area for the assent voting is all or part of the election area for the election.(4) As an exception to section 107 (1) (b) for a voting area with a population of more than 5 000, a regional district board may, by bylaw, limit advance voting opportunities to the required advance voting opportunity under section 107 (1) (a) if all the following circumstances apply to the assent voting:(a) mail ballot voting is available under section 110 (3) (b);(b) the area specified for the purposes of section 110 (3) (b) includes all of the voting area for the assent voting;(c) the voting area is part, but not all, of an electoral area;(d) the assent voting is not being held at the same time as an election for the electoral area., at least 6 days but not more than 30 days before general voting day for assent voting, the chief election officer must issue a notice of assent voting under this section in accordance with section 50 .(2) In addition to subsection (1), throughout the period between the 30th day before general voting day and general voting day, the notice of assent voting(a) must be available for public inspection in the local government offices, during their regular office hours, of each municipality or regional district in which the assent voting is to be conducted, and(b) may be made available at other locations and times as the chief election officer considers appropriate.(3) A notice of voting must include the following information:(a) the question that is to be voted on;(b) the voting area;(c) the qualifications required to be met in order to vote as an elector for the assent voting;(d) the date of general voting day, the voting places established under section 105 for that day and the voting hours for those places;(e) the documents that will be required in order for a person to register as an elector at the time of voting;(f) the place where persons may apply on general voting day for non-resident property elector certificates required in order to register at the time of voting;(g) if applicable, information required to be included under section 113 (5) regarding municipal voting divisions.(4) If the assent voting is on a bylaw submitted for the assent of the electors or is authorized by a bylaw, the notice of voting must also include the following:(a) either a copy of the bylaw or, if approved by the local government, a synopsis of the bylaw in accordance with subsection (5);(b) if a synopsis of the bylaw is included, a statement that the synopsis is not an interpretation of the bylaw;(c) the dates, times and places at which the bylaw may be inspected.(5) A synopsis under subsection (4) (a) must include(a) in general terms, the intent of the bylaw,(b) the area that is the subject of the bylaw, and(c) if applicable, the amount of the borrowing authorized by the bylaw.(6) If subsection (4) applies, a full copy of the bylaw must be available for inspection by electors(a) at the local government offices, during their regular office hours, of each municipality or regional district in which the assent voting is to be conducted, and(b) at each place where voting is conducted.(7) The notice of voting may also include any other information the chief election officer considers appropriate.
(1) A ballot for assent voting must(a) indicate the appropriate mark to make a valid vote indicating assent or dissent, and(b) be in a question form to which the elector may indicate assent or dissent by making the appropriate mark opposite the word "Yes" or the word "No".(2) Unless otherwise provided under this or another Act, separate ballots must be prepared for each question that is to be voted on., the counting of the vote for assent voting may be held at a later time set by the chief election officer, as long as the ballots are counted before the date of the declaration of the assent voting results under section 146.(2) If a later time for counting is set under subsection (1), the presiding election official must ensure that the ballots are sealed in ballot boxes in accordance with section 121 and are delivered to the chief election officer with the materials referred to in section 143.
The requirements of common-law “duress” have been enlarged to include any wrongful acts that compel a person, such as a grantor of a deed, to manifest apparent assent to a transaction without volition or cause such fear as to preclude him from exercising free will and judgment in entering into a transaction.It may be manifested by threats or by the exhibition of force which apparently cannot be resisted.The Restatement of Contracts § 492 has defined duress as “(a) any wrongful act of one person that compels a manifestation of apparent assent by another to a transaction without his volition, or (b) any wrongful threat of one person by words or other conduct that induces another to enter into a transaction under the influence of such fear as precludes him from exercising free will and judgment, if the threat was intended or should reasonably have been expected to operate as an inducement.” Duress that will provide grounds for avoiding such an agreement is a condition of mind produced by improper, external pressure or influence that practically destroys the free agency of a party and causes him or her to make a contract not of his or her own volition.(1) This section applies to assent voting on a regional district bylaw or other regional district matter that is to be conducted by more than one local government.(2) The regional district board must, by bylaw,(a) establish the question to be used for all the voting, and(b) if applicable, set the date for the required advance voting day under section 107 (1) (b) of a local government other than the regional district board do not apply and, instead, the regional district may, by bylaw, establish voting opportunities under those sections for one or more voting areas for the assent voting.(4) The regional district board must appoint(a) a regional voting officer for the assent voting, and(b) a deputy regional voting officer for the assent voting who, if the regional voting officer is absent or unable to act, must perform the duties and has the powers of the regional voting officer.(5) The regional voting officer has the following duties and powers:(a) to arrange for the coordination of the proceedings throughout the regional district;(b) to set the general voting day for all voting throughout the regional district;(c) to arrange for the preparation of the ballots for the voting;(d) to direct the chief election officers for the local governments regarding the form and manner of notices that are required or authorized by this Act regarding the voting;(e) to make the final determination of assent voting results under section 145 based on the results determined by the chief election officers of the local governments;(f) to appoint the scrutineers for the final determination of assent voting results and any judicial recount in accordance with section 184 (4) and (5);(g) to apply to the minister for an order under section 167 , as it applies to elections or to assent voting, as long as the requirements of all applicable sections are met.(2) Section 159, requiring the publication of election results in the Gazette, does not apply to assent voting.(3) Regulations under section 168 (1) Scrutineers for the question in assent voting and scrutineers against the question must be appointed under section 184 if applications in accordance with section 183 are received from persons who wish to volunteer for the positions.(2) Only persons entitled to vote as electors in the assent voting are entitled to act as scrutineers for the assent voting, but election officials must not be appointed as scrutineers for the assent voting.(3) Unless a bylaw under subsection (4) applies, only one scrutineer for the question and one scrutineer against the question may be present at each place at which scrutineers are entitled by Part 3 to be present.(4) A local government may, by bylaw, permit additional scrutineers to be present at proceedings referred to in subsection (3), subject to any restrictions and conditions in the bylaw.(5) As a limit on the authority under subsection (4), a bylaw under that subsection may not provide for different entitlements for scrutineers for the question and scrutineers against the question.(6) The absence of a scrutineer from a place where proceedings for assent voting are being conducted does not invalidate anything done in relation to the assent voting..(2) The notice must include the following information:(a) the question that is to be voted on;(b) the dates, times and places at which applications for scrutineers will be received;(c) how interested persons can obtain information on the requirements and procedures for making an application.(3) The notice may include any other information the chief election officer considers appropriate.(4) In addition to subsection (1), from the 6th day before the application period begins until the close of the application period, the notice must be available for public inspection in the local government offices, during their regular office hours, of each municipality or regional district in which the assent voting is being conducted.(1) The chief election officer must establish a 10-day time period during which applications to act as a scrutineer will be received, in order that appointments may be made before the first voting opportunity.(2) As an exception to subsection (1), if general voting day for assent voting is the general voting day for an election, the period for receiving applications(a) may be established under subsection (1), and(b) if it is not established under subsection (1), is the nomination period referred to in section 84.(3) An application to act as a scrutineer for assent voting must be signed by the applicant and contain the following information:(a) the full name of the person applying;(b) the address to which the person applying wishes to have notices sent;(c) if required by the chief election officer, a telephone number at which the person applying may be contacted;(d) a statement that the applicant is entitled to vote as an elector in the assent voting and is entitled to act as a scrutineer for the assent voting;(e) a statement as to whether the applicant is in favour of the question or opposed to the question;(f) any other information required to be included by a regulation under subsection (5).(4) In order to be appointed as a scrutineer, the application to volunteer as a scrutineer must be received by the chief election officer, or a person designated by the chief election officer for this purpose, before the end of the application period under subsection (1).(5) The Lieutenant Governor in Council may make regulations prescribing information that must be included in an application under this section.