Duress

Question 1

3 types of duress:

Answer 1

· Duress to the person

· Duress to property

· Economic duress

Question 2

What is duress to the person?

Answer 2

• Actual or threatened violence
• which amounts to one factor influencing decision to enter contract (need not be decisive)

Question 3

Who has the burden of proof on duress to the person?

Answer 3

on party who exerted pressure - show threats + unlawful pressure contributed nothing to V decision to contract

Question 4

What is duress to goods?

Answer 4

threat to seize the owner’s property or to damage it.

agreement wouldn’t have been entered into if there wasn’t duress.

Question 5

What is Duress to property?

Answer 5

• Seizure or damage to owner’s property (or threat of this)
• But for duress, agreement wouldn’t have been entered into

Question 6

How can economic duress be made actionable?

Answer 6

there must be pressure,

• Lack of practical choice
• Caused by illegitimate pressure
• But for the duress, the agreement would not have been entered into

Question 7

What is the legal effect of duress?

Answer 7

Contract = voidable

Question 8

What is the proper remedy for duress?

Answer 8

Rescission - attempting to return parties to the situation each was in prior to the contract being entered into.

Question 9

What is the causation test for duress to the person?

Answer 9

The duress need be only one factor influencing the victim’s decision to enter the contract