Legal Definitions - duress

Duress refers to a situation where a person is compelled to act against their will or better judgment due to unlawful threats, pressure, or the use of force by another party. It occurs when someone's free choice and ability to make independent decisions are overcome by coercive actions, leaving them with no reasonable alternative but to comply. The pressure applied must be significant enough to destroy their capacity for voluntary action.

Here are some examples illustrating duress:

• Contractual Agreement: Imagine a small business owner who is approached by a much larger competitor. The competitor threatens to launch a massive, baseless smear campaign against the small business, promising to destroy its reputation and client base, unless the owner agrees to sell their company for a fraction of its true value. Fearing the complete ruin of their livelihood, the owner reluctantly signs the sale agreement.

  This illustrates duress because the business owner's decision to sell was not made freely. They were coerced into the agreement by an unlawful threat that destroyed their ability to exercise independent judgment and negotiate fair terms, forcing them into a contract they would otherwise never have accepted.

• Criminal Act: Consider a scenario where an individual is kidnapped and held captive. Their captors threaten to harm their family members unless the individual agrees to participate in a specific illegal activity, such as transporting illicit goods across a border. Under the imminent threat to their loved ones, the individual complies with the captors' demands.

  Here, duress is evident because the individual committed an unlawful act (transporting illegal goods) not by choice, but under extreme and unlawful pressure. The threat of harm to their family removed their free will, compelling them to act against their judgment and legal obligations.

• Financial Transaction: An elderly person, who relies heavily on a live-in caregiver for daily needs, is repeatedly pressured by the caregiver to transfer a significant portion of their savings into a joint bank account. The caregiver threatens to quit immediately and leave the elderly person without assistance if they refuse, knowing the elderly person has no other immediate support. Out of fear of being left helpless and neglected, the elderly person authorizes the transfer.

  This demonstrates duress because the elderly person's decision to transfer funds was not voluntary. It was compelled by the caregiver's coercive threat of abandonment, which exploited their vulnerability and effectively destroyed their free agency regarding their financial assets.