What constitutes Duress/extortion?

[gsxr600]

what constitutes duress/extortion I have a vague Idea of what it is in canada, I would guess it would be the same, but could sentences such as "If you do not return my money in 5 days I
will forward the papers for prosecution." constitute extortion?, along with innuendo such as "So good luck in jail. Don't bend over." is that a "tort"?

all of the info was sent through email, and I'm thinking that these threats of imprisonment / prosecution can show duress?

Also when dealing with contract law, If something was mailed, using USPS for example, and the package was lost, or not delivered, or claimed to have not been delivered. ANd insurance was offered (on the shipping charges) but the person responsible for shipping costs did not opt for insurance, would this be an event That i have no control over? so would the addage "Let the loss lie where it falls" be applicable in this circumstance?

I'm not sure if events surrounding the above info is necessary, but if it is let me know, and i'll post additional info.

any help would be appreciated.

 

[Citruscide]

If they can legally turn you in, it's not really duress.

Say, I have a contract with someone... and I owe them 500 dollars... and they say "Unless you pay me the 500 dollars, I will sue you for breach of contract and get 10,000 in the law suit because of the law in IL for breaking contracts" (made that up) -- that's not really duress, because the person has a legitimate legal remedy.

As for turning you in for criminal activity... to get money out of you... that is extortion... however, if it is money you OWE them... it is probably a different story.

C-ditty

 

[gsxr600]

well I have done nothing Illeagle so thats not what I'm worried about.

Heres the deal, This person bought something off of me (a very small peice of jewelry) I shipped out a package, and the person did not opt for insurance, and it supposidly got lost in the mail, which i have no control over.

Does this not make the contract voidable?
as I had no control over it being lost or not....or did i?

Should I have to reimburse the person for what they paid? If that is the case, than I am out that amount as well...so its a double edge sword.

 

[Citruscide]

Depending on the UCC laws of your state for sales of goods ... and depending on the cost of the goods (sale of goods over 500$ typically have to be in writing... with some exceptions).

Also, if you are a non-merchant, which it looks like, you are... I think the burden of loss shifts to the buyer once you put it in the hands of the postal carrier... FOB/FOS... or something like that. Typically, Merchants have the responsibility to cover the product until it is delivered (to the buyer's shipping addy).

I THINK that is how the UCC operates...

C-ditty

well I have done nothing Illeagle so thats not what I'm worried about.

Heres the deal, This person bought something off of me (a very small peice of jewelry) I shipped out a package, and the person did not opt for insurance, and it supposidly got lost in the mail, which i have no control over.

Does this not make the contract voidable?
as I had no control over it being lost or not....or did i?

Should I have to reimburse the person for what they paid? If that is the case, than I am out that amount as well...so its a double edge sword.

 

[gsxr600]

Yes this item was sold independently not through my company...
I'm in canada, and it was mailed to the USA which complicates things, because I do not have access to reading materials for international trade. Nor know what juristiction, would the laws apply.


I think its over and done, with I dont want to pursue this matter, but this person keeps antagonizing me, and was pissing me off. BUt after his last email and immature name calling, amusement has started to kick in.

THanks C-ditty much appreciated bro.