Also known as: coercion · duress · doctrine of duress · doctrine of coercion
Written by attorneys · grounded in primary & secondary sources — see below
A principle that renders a manifestation of assent, donative transfer, confession, or agreement ineffective or voidable when induced by physical compulsion or improper threats that overcome the party's free will.
Mortgagor Diego Duarte faced mounting arrears on a commercial property held by Desert Oil. When Desert Oil threatened immediate foreclosure proceedings unless Duarte conveyed title outright, Duarte signed a deed in lieu transferring the parcel. A court later set aside the deed after finding the transfer was not voluntary.
Attorney Dolores Diaz telephoned accident victim Daniel Diaz at home the day after his collision. She warned that without immediate retention her firm could not prevent the insurer from denying all claims. The disciplinary board sanctioned Diaz for using duress in the solicitation.
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Seller Deanna Davenport refused to sign a revised purchase agreement after discovering hidden fees. Buyer Darius Dixon grabbed her wrist and pressed her hand onto the signature line while she protested. The court held that the physical compulsion prevented any effective manifestation of assent.
Testator Danielle Dixon drafted a new will leaving her estate to a caregiver. The caregiver threatened to abandon her unless the will named the caregiver sole beneficiary. After the testator's death the probate court invalidated the bequest procured by duress.
Suspect Dixon Foods warehouse manager confessed to embezzlement after experiencing hallucinations from untreated schizophrenia. No officer threatened or pressured him. The court admitted the statement because only official compulsion renders a confession involuntary.
Fiancé Drake Logistics demanded that fiancée Dynamic Solutions sign a premarital agreement minutes before the wedding ceremony. He threatened to cancel the wedding and leave her without support if she refused. The court refused to enforce the agreement because her consent was the product of duress.
Physical compulsion by duress prevents conduct from qualifying as an effective manifestation of assent even if it appears voluntary on its face.
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Yes. A donative transfer is invalid to the extent it was procured by duress consisting of a wrongful act or threat that coerced the donor into making a transfer the donor would not otherwise have made.
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Only official state compulsion renders a confession involuntary. Mental illness or lack of free will without police coercion does not suffice.
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A premarital or marital agreement is unenforceable if a party proves that consent was involuntary or the result of duress.
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No. The threat itself, if improper and leaving no reasonable alternative, is sufficient to establish duress.
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…factors are considered herein as particularly important: (1) the existence of evidence of the use of physical and psychological coercion to obtain confessions, and (2) the necessity for procedural safeguards to protect the privilege against self-incrimination. II We sometimes forget how long it has taken to establish…