Signing An Updated Under Duress For A Holiday Home I Own

[scorpioman]

Can someone tell me if this still applies today? Thanks

I have heard that adding “Under Duress”, or “All Rights Reserved” to a signature when signing a document will maintain our inherent human rights; and while this could work as well, the proper and Latin way to sign under duress is to add a “V.C.” before your name.

Vi Coactus, abbreviated to V.C., is a latin term. The website wikipedia cites the definition of vi coactus as:

“constrained by force”. Used when forced to sign (“or else …”)

I have recently been informed by a Director of a LTD Company that I must conform or they could remove my licence to let my Holiday Home.

There are parts of the contract that I have raised issues with and I still have not signed, but they are putting pressure on me to conform to their new contract or else.

Any Ideas how I should reply would be most helpful

Thanks in advance

[jaguarsuk]

Nobody here is going to advise you to sign a contract with VC prior to signature or not when you can't agree to the terms as it would be really poor advice.

[scorpioman]

Thanks for the reply, I was not asking if I should or should not use V.C. I was simply asking is it still regarded as a legal term and can it still legally be used? Not trying to trap anyone just trying to establish the term and its use. As for the suggested replies, Ignore that bit :-)

Thanks

[jaguarsuk]

Historical and more recent use seems to be for political posturing as opposed to any basis of law.

In fact I have struggled to find a case in this country and other discussion I have found tends towards it should be recognised, but is unrecognised. Away from our legal system the supreme court of Australia certainly rejected it's use.

It's not a definitive answer, but it's the best I can do and come to the conclusion it is only really used by individuals to remind themselves why they signed something they don't agree to as a way if they have to contest it in court that their legal argument would be that of undue influence or duress.

[des8]

You refer to a "new contract"
Is there a contract already in existence?
If so are they attempting to cancel it and replace with a new contract?
If so what is cancellation clause in existing contract?

In employment cases if an employer attempts to change a contract an employee can sign "under protest" to continue working whilst negotiating, and if necessary eventually claim breach of contract.

[scorpioman]

It is an updated contract and within the old one they have the right to update which is fine. But when questioned about something that is clearly not right they simply threaten to remove your sub letting licence. EG I questioned them because they said this.

15. The holiday home owner is responsible for any unfounded derogatory comments or statements
made by persons, guests or visitors using their holiday home, either verbally, in the media,
through on-line public forums or any other means, regarding the park operation, Directors,
management, staff or the company.

I questioned a director who replied like this.

" It is the responsibility of the holiday home owner to ensure that all persons hiring their holiday home conform to the park rules. The park management have the right to ask any guest who is acting in a derogatory, offensive, threatening or abusive manner deemed to be detrimental to other guests to leave the park immediately.

Again, at no point does it state you will be removed from park because of your guest’s behaviour. This point refers to a guest who is renting your holiday home. You are required to ensure they have received or have been notified of the park rules. The park rules are self-explanatory and the issuing of the rules to your guests would ensure your compliance. I am happy to provide you with additional copies of the park rules, so these can be passed on to your guests in your welcome packs or displayed within the holiday home. This is a general park rule to ensure the safety of everyone and applies to all holiday home owner’s, families, holiday guests or visitors, and advises any person acting in a detrimental manner towards other guests or staff will be asked to leave the park. "

I refused to sign because I said that this rule clearly targets me as a holiday home owner for somebody else's actions, they have now forced me to sign with an or else email, which I have done under duress

The other option was to lose my sub letting licence and to cancel all holiday makers holidays this season.

Bully boys at work

Thanks for the replies

Regards