A contract made under duress is a legal agreement entered into by one party under the threat or use of force, coercion, or pressure from the other party. Such a contract is considered voidable, meaning it can be annulled if the party under duress can prove that they entered into the agreement involuntarily.
The concept of duress in contract law is based on the idea that a contract should reflect the free will of the parties involved. When one party is forced or compelled to enter into a contract against their will, that contract is not considered legally binding.
Duress may take many forms, including physical violence, threats of harm, blackmail, or extreme emotional pressure. For example, a person may be forced to sign a contract due to financial desperation or fear of losing their job. In such cases, the party under duress may have no choice but to agree to the terms of the contract despite disagreeing with them or not fully understanding them.
To prove that a contract was made under duress, the party seeking to void the contract must demonstrate that they were subject to a threat or coercion that left them with no reasonable alternative but to agree to the contract`s terms. This can be challenging, as duress is often difficult to prove. Evidence such as witness testimony or written communications can be helpful in building a case.
It`s important to note that duress must be present at the time the contract was signed. If a party agrees to a contract under duress but later freely confirms or acknowledges the agreement, it may be considered legally binding.
In summary, contract law recognizes the principle that a contract should reflect the free will of all parties involved. A contract made under duress is not considered legally binding and can be voided if it can be demonstrated that one party was forced or coerced into the agreement. If you believe you have entered into a contract under duress, it`s important to seek legal advice to explore your options.