duress

Duress

Force, coercion or threat of either. A contract signed under duress is usually invalid and unenforceable. To give a very simple example, one may not hold a gun to the head of another party and expect him/her to sign a valid contract. Likewise, one may not be guilty of a crime if one commits it under duress.

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duress

Unlawful pressure, force, or threats by one person against another. If one is the victim of duress, then any contract or agreement entered into as a result of the duress is void.The operative word in the definition is “unlawful.”Many people claim economic duress when a lender,for example, threatens foreclosure unless a borrower signs a new loan agreement with onerous terms, a high interest rate, and large fees for attorneys and other expenses. Usually, if the lender had the right to foreclose,then the threats cannot be unlawful and duress does not exist.