Also known as: by force or fear · duress
Written by attorneys · grounded in primary & secondary sources — see below
The aggravating element that elevates a taking of property to robbery. It consists of physical violence applied to the victim or threats that create reasonable apprehension of immediate harm to the victim or the victim's property or family.
Select any source to read its text and confirm it supports the definition.
Mortgagor Fatima Flores faced threats of immediate physical harm from mortgagee Flagship Logistics if she refused to sign a deed in lieu. The lender's agent grabbed her arm and warned of broken bones unless she transferred the property to satisfy the debt. Because the transfer occurred under duress, a court later found the deed involuntary and set it aside despite the debt discharge.
Lawyer Forrest Falconer approached potential client Faith Fitzgerald at her home and threatened to publicize embarrassing family information unless she hired him for an upcoming matter. The threat created fear that induced her to sign the retainer. The solicitation violated professional rules because it involved coercion and duress.
Seller Fumiko Fujimoto refused to sign a revised sales contract with buyer Foster Forge. The buyer's representative seized her hand and forced the pen onto the page while she protested. Because the signature resulted from physical compulsion, no manifestation of assent occurred and the contract never formed.
Testator Francois Fortier was told by his nephew that refusal to change his will would result in immediate physical injury to his grandchildren. Fearing for their safety, the testator executed a new will leaving everything to the nephew. The donative transfer is invalid because it was procured by duress.
Fiancée Felicia Fuentes was warned by her future spouse that the wedding would be canceled and her immigration status reported unless she signed the premarital agreement on the spot. The threat of deportation and loss of the planned marriage created fear that rendered her consent involuntary. The agreement is unenforceable because consent was the result of duress.
After the testator's death, contestant Fulton Shipping alleged that a beneficiary had threatened to burn the testator's home unless a new will was executed. The probate court placed the burden on the contestant to prove duress. Evidence of the threat satisfied the initial burden and shifted the ultimate persuasion issue to the proponent.
Robbery requires a taking from the person or immediate presence accomplished by force or fear. Larceny lacks this aggravating element and is merely a crime against property.
Supporting sources
Yes. The fear may be of unlawful injury to the person or property of the victim, a relative, or a companion present at the time. No actual physical contact is required.
Supporting sources
Physical compulsion by force negates any manifestation of assent. Threats creating fear that leave no reasonable alternative make the resulting contract voidable.
Supporting sources
…for a spell of several hours pausing only for the subject's necessities in acknowledgment of the need to avoid a charge of duress that can be technically substantiated. In a serious case, the interrogation may continue for days, with the required intervals for food and sleep, but with no respite from the atmosphere of…