Last time in contracts, we looked at the defense of mistake. Now we move on to duress.
Duress: The general rule is any wrongful act or threat which overcomes the free will of a party constitutes duress. There are four exceptions:
1. Violence or threats of violence
2. Imprisonment or threats of imprisonment
3. Wrongful seizing or withholding or threats
4. Other wrongful acts
Next time in contracts we’ll look at the defense of undue influence.
Professor Doug Holden
© 2010. Douglas S. Holden. All Rights Reserved.