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Welcome to my Law blog specifically intended as an aid to law students. I will post comments and white papers, from time to time, and I am happy to carry on conversations with students who are in need of help in law school.


I am most conservative and appropriate in my approach so if you comment and/or have questions to ask, please do so with an equal degree of appropriateness.



I am a Professor of Law at Concord Law School, an Internet Law School located in Los Angeles, though I live, teach and otherwise work out of Lakewood, Colorado, resting up against the foothills just west of Denver.

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I have no set schedule of posting, but I hope you will check in from time to time.

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Thursday, March 11, 2010

8 - Contracts – Formation (Defenses-Duress)

Contracts – Formation (Defenses - Duress)

PLEASE NOTE THAT THE FOLLOWING IS TAKEN FROM SOME OF MY CLASS NOTES, SOME OF WHICH IS MY OWN PERSONAL WORK AND SOME OF WHICH BELONGS TO CONCORD LAW SCHOOL.  IT IS POSTED TO HELP MY IL STUDENTS IN PARTICULAR.  IT CANNOT BE DISSEMINATED WITHOUT EXPRESS, WRITTEN PERMISSION.

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.

2 comments:

  1. Why would these four acts be exceptions to the defense of duress?

    ReplyDelete
  2. Hello,

    They negate the necessity of the free will of a party.

    Professor Doug Holden

    ReplyDelete