Duress - in Contract Law

In Contract Law

Contract law
Part of the common law series
Contract formation
  • Offer and acceptance
  • Posting rule
  • Mirror image rule
  • Invitation to treat
  • Firm offer
  • Consideration
Defenses against formation
  • Lack of capacity
  • Duress
  • Undue influence
  • Illusory promise
  • Statute of frauds
  • Non est factum
Contract interpretation
  • Parol evidence rule
  • Contract of adhesion
  • Integration clause
  • Contra proferentem
  • Title-transfer theory of contract
Excuses for non-performance
  • Mistake
  • Misrepresentation
  • Frustration of purpose
  • Impossibility
  • Impracticability
  • Illegality
  • Unclean hands
  • Unconscionability
  • Accord and satisfaction
Rights of third parties
  • Privity of contract
  • Assignment
  • Delegation
  • Novation
  • Third-party beneficiary
Breach of contract
  • Anticipatory repudiation
  • Cover
  • Exclusion clause
  • Efficient breach
  • Deviation
  • Fundamental breach
Remedies
  • Specific performance
  • Liquidated damages
  • Penal damages
  • Rescission
Quasi-contractual obligations
  • Promissory estoppel
  • Quantum meruit
Implied In Fact Contracts
  • Implied In Fact
Related areas of law
  • Conflict of laws
  • Commercial law
Other common law areas
  • Tort law
  • Property law
  • Wills, trusts and estates
  • Criminal law
  • Evidence

Duress in the context of contract law is a common law defense, and if one is successful in proving that the contract is vitiated by duress, the contract may be rescinded, since it is then voidable.

Duress has been defined as a "threat of harm made to compel a person to do something against his or her will or judgment; esp., a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition". - Black's Law Dictionary (8th ed. 2004)

Duress in contract law falls into two broad categories:

  • Physical duress, and
  • Economic duress

Read more about this topic:  Duress

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