Duress Flashcards
What is duress?
Illegitimate threats or pressure in the form of violence that coerces a party into entering a contract
What proof is needed for duress?
Have to prove that duress was one reason for entering the contract, it does not have to be the only reason
What is economic duress?
This type of duress is most likely to occur and the threat must be an illegitimate one, like a threat to breach contract
What are the ingredients of duress?
Must be pressure whose practical effect is that there is a lack of choice for the victim
Pressure which is illegitimate and significant cause of inducement
What is the effect of duress?
To make the contract voidable
To allow the innocent party to rescind or affirm contract