Duress means a party entered an agreement because of improper pressure or coercion rather than genuine free choice.
Why It Matters
Duress matters because contract law generally expects voluntary assent. If one party used wrongful threats or pressure to force agreement, the resulting contract may not deserve ordinary enforcement.
Where It Appears
The term appears in disputes over settlement agreements, business deals, modifications, and releases when a party argues that consent was not truly voluntary.
Practical Example
A supplier threatens unlawful immediate harm unless a customer signs a contract amendment on the spot. The customer may later argue the amendment was signed under duress.
How It Differs From Nearby Terms
Misrepresentation involves false statements that induce agreement. Duress involves coercive pressure. A voidable contract can often be avoided by the pressured party, while a void contract is treated as having no legal effect from the outset.
Related Terms
Knowledge Check
- What is the core issue in duress? The core issue is whether the agreement resulted from wrongful pressure instead of voluntary consent.
- Is duress about false statements or coercion? Duress is mainly about coercion, not about false factual statements.