#In duress how to#

John is not happy with the terms of the contract and is hesitating, so Mike threatens to murder John if he doesn’t sign on the dotted line. Because one requirement of contracts is that all parties involved enter into the agreement in mutual consent, the act of threatening another person to sign a contract can void the agreement.Īs an example, Mike and John are working on a contract in which John would sell his share of the M&J Company to Mike. When a person receives threats of physical violence if they don’t sign a contract, it can be considered physical duress. If two parties are involved in some sort of contract, and one attempts to force one party to sign the contract - even when they don’t find the terms ideal - through threats, it could be considered duress.ĭuress in contract law is commonly broken up into two separate types: physical duress and economical duress. The most common occurrences of duress happen in situations involving contracts.

Duress can occur in several different ways. That is, however, a very broad definition. What is Duress?Īs stated above, the basic definition of duress is unlawfully threatening another person with the intention of getting them to do something they normally wouldn’t have done.

#In duress how to#

Let’s examine what duress is and how to prove it. While there are different definitions to exactly what duress encompasses (making it important to consult a legal professional in your specific area), understanding the basics of duress can be important to recognizing it.