Duress involves one party threatening to harm another party — or putting them under duress — for the purpose of making them do something against his or her will.
Duress, otherwise known as coercion, involves a party making a decision or doing something without their own will due to fear of retaliation or violence by another party. To prosecute duress one must prove the perpetrator exerted pressure on the violated party to the point that they made a decision they typically would not do.
An act that puts another party in duress can turn an otherwise valid agreement into a voidable contract. A voidable contract is a contract that is voidable because the terms of the contract may not be obligated based on the contract signing circumstances. For example, if a nonnative English speaker is misinformed of the facts of the transaction and signs a contract under duress, the agreement would be a voidable contract. Another example of a voidable contract includes an individual signing a contract while being under the influence or, more plainly, intoxicated.
If a party entered a contract due to the duress they felt and can prove it, the party who was under duress has the right to avoid their obligations set forth in the contract which means the contract becomes voidable.
Things That Constitute Duress
Duress involves one or more of the following:
Duress must have been immediate and difficult or impossible to avoid
Threat that coerced party to act against their own goodwill must have had implied harm or imminent threat of death
Injured party must have been in threatening situation against their own goodwill
Believed harm must be more harmful than the harm itself
Voided Deed and Duress
The following instances constitute a voided deed:
Forgery
Fraud
Alteration of the deed
The grantor was not legally authorized to transfer the interest in real property (i.e. due to mental incapacitation or minor status)
Deed was not delivered and/or accepted
Grantor acted under duress, confusion, or pressure
