Also known as: gun-to-the-head · duress
Written by attorneys · grounded in primary & secondary sources — see below
A metaphor for extreme coercive pressure that leaves the target with no reasonable alternative but to submit. The pressure renders any resulting manifestation of assent or agreement involuntary and subject to avoidance.
Gavin Grant faced default on his mortgage to Glacier Energy. The lender demanded he immediately deed the property over or face foreclosure proceedings that would destroy his credit. Grant signed the deed in lieu to avoid the threatened action. A court later scrutinized the transfer for duress because the lender's threat left Grant with no practical choice.
Gretchen Graham received a direct solicitation from an attorney pressuring her to hire him for a personal injury claim. The attorney threatened to publicize embarrassing facts about her if she refused. Graham agreed under the threat. The solicitation violated professional conduct rules because it involved coercion.
Select any source to read its text and confirm it supports the definition.
Glenn Gross was negotiating a supply contract with Global Dynamics. When he tried to leave the meeting, the company's agent grabbed his hand and forced the pen onto the document. Gross signed while verbally protesting. The physical compulsion prevented any effective manifestation of assent.
Giana Greco's nephew threatened to expose family secrets unless she changed her will to include him. She executed the new will to avoid the threatened disclosure. The donative transfer is invalid because it was procured by duress that overcame her free will.
Grace Gupta was presented with a premarital agreement minutes before the wedding ceremony. Her fiancé threatened to cancel the wedding and leave her without housing if she refused to sign. She signed to avoid the immediate loss. The agreement is unenforceable because her consent was the result of duress.
Gustavo Gutierrez's relatives challenged his will after his death. They alleged the primary beneficiary had threatened to harm Gutierrez's grandchildren unless he executed the document in her favor. The contestants bore the burden of establishing duress to invalidate the will.
Both describe situations in which a party's manifestation of assent is not voluntary. Physical compulsion or an improper threat that leaves no reasonable alternative prevents effective assent or makes the resulting contract voidable.
Yes when the threat coerces the donor into making a transfer the donor would not otherwise have made. The transfer is invalid to the extent it was procured by that duress.
The contestant of the will must establish lack of capacity, undue influence, fraud, duress, mistake, or revocation. The proponent first shows due execution. The contestant then carries the burden on duress.
…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…