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Duress: The Ultimate Guide to Coercion and the Law
LEGAL DISCLAIMER: This article provides general, informational content for educational purposes only. It is not a substitute for professional legal advice from a qualified attorney. Always consult with a lawyer for guidance on your specific legal situation.
What is Duress? A 30-Second Summary
Imagine you’re a small business owner. A major supplier, who you depend on for 80% of your materials, suddenly changes the terms of your contract. They demand you sign a new, much less favorable agreement immediately. When you hesitate, the supplier's representative says, “Sign it by 5 PM, or we cut you off completely. You'll be out of business by Monday.” Your mind races. You can’t find another supplier on such short notice. Your employees, your customers, your family’s livelihood—it all flashes before your eyes. Feeling trapped with no other choice, you sign the document. You didn’t agree freely; you were forced. In the eyes of the law, this situation is a potential case of duress. It’s the legal term for when someone is wrongfully pressured or threatened into doing something they would not otherwise do, like signing a contract or committing a crime. It strikes at the very heart of legal fairness, which insists that our agreements and actions must be voluntary.
- Key Takeaways At-a-Glance:
- What it Is: Duress is an unlawful threat or pressure exerted upon a person to coerce them into performing an act that they would not otherwise perform, fundamentally removing their free_will.
- How it Affects You: Proving duress can make a contract you signed completely unenforceable (a `voidable_contract`) or can serve as a powerful `affirmative_defense` if you are charged with a crime.
- What to Do: If you believe you acted under duress, it is critical to avoid acting as if the agreement is valid, document every detail of the threat, and contact a lawyer immediately.
Part 1: The Legal Foundations of Duress
The Story of Duress: A Historical Journey
The concept of duress isn't