Contract Law · defense
Duress occurs when one party coerces another into entering a contract through unlawful threats, intimidation, or pressure. Such coercive conduct negates the voluntary nature of consent necessary for the formation of a valid contract.
There must be a threat made that is improper, which can include threats of physical harm, economic pressure, or undue influence.
What to prove: It must be shown that the threat induced the victim to enter the contract.
The victim must have been left with no reasonable alternative but to accept the terms of the contract.
What to prove: The victim must demonstrate that they were compelled to act against their free will due to the circumstances created by the threat.
There must be a clear link between the threat made and the decision to enter into the contract.
What to prove: The plaintiff must show that the coerced decision was the direct result of the improper threat.
The burden of proof lies with the party claiming duress, and they must prove their claim by a preponderance of the evidence.
When addressing duress in exams, focus on the nature of the threat and the context of consent, as well as the impact of the duress on the party’s free will.