Duress

Question 1

What is the effect of duress?

Answer 1

A contract entered to under duress is voidable.

Question 2

What is duress to the person?

Answer 2

Actual or threatened violence which is one factor, but not necessarily the decisive factor, influencing the decision to contract.

Question 3

What is duress to goods?

Answer 3

A threat to seize the owner’s property and damage it which was decisive to the victim’s decision to contract.

Question 4

What are the three requirements of economic duress?

Answer 4

1. Illegitimate pressure in bad faith.
2. Which was a significant cause of the other party entering into the contract.
3. The wronged party cannot have affirmed the action which they claim was provoked by duress (including by not protesting at the time).