A . What are the two types of duress and what is the effect of each on the contract involved? b. Give an example of each type of duress. c. Who does the law intend to protect by reason of the defense of duress? Why does the law protect this type of person?

Answer 1

a . The first is called physical duress and it occurs when a party is compelled to manifest assent to a contract through actual physical force. It renders the agreement void. The second type of duress involves the use of improper threats or acts, including economic or social coercion, to compel a person to enter into a contract. The threat may be explicit or it may be inferred from words or conduct. It makes the contract voidable.
b. Pointing a gun at a person or taking a person's hand and compelling him to sign a written contract is an example of physical duress. An example of improper threats: If Ellen, a landlord, induces Vijay, an infirm, bedridden tenant, to enter into a new lease on the same apartment at a greatly increased rent by wrongfully threatening to terminate Vijay's lease and evict him, Vijay can avoid the new lease by reason of duress.
c. The law intends to protect persons of a weak or cowardly nature because they are the very ones who need protection; the courageous can usually protect themselves. Timid and inexperienced persons are particularly subject to threats, and the law protects them from the unscrupulous who want to impose their will on such persons on the ground of the victim's infirmities.