Duress

In one sentence

Forcing someone to sign a contract through threats or coercion.

Plain English

Duress means one party pressures another into a contract using threats—typically threats of harm, violence, or illegal action. The threat must be serious enough that a reasonable person would feel they had no real choice. If duress exists, the victim can void (cancel) the contract entirely.

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Example

A loan shark threatens to break a borrower's legs unless he signs a contract agreeing to repay a loan at 200% interest. The borrower signs under this threat. Because the borrower was coerced, he can later go to court and have the contract canceled due to duress.

Used in a sentence

“She claimed duress when the landlord threatened eviction if she didn't sign away her security deposit.”

Related terms

Undue Influence

Improper pressure from someone in a position of trust that undermines a person's free will.

Unconscionability

A contract term so unfair and one-sided that a court will refuse to enforce it.

Capacity

The legal and mental ability to enter into a binding contract.

Intoxication

Being under the influence of alcohol or drugs in a way that impairs judgment and contract capacity.

Mistake

A misunderstanding or error by one or both parties about a fact in a contract.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

Consideration

Something of value exchanged by each party to make a contract binding.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.