DURESS
Unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform.
Duress also encompasses the same harm,
threats, or restraint exercised upon the affected
individual’s spouse, child, or parent.
Duress is distinguishable from UNDUE
INFLUENCE, a concept employed in the law of
wills, in that the latter term involves a wrong-
doer who is a fiduciary, one who occupies a
position of trust and confidence in regard to the
testator, the creator of the will.
Duress also exists where a person is coerced
by the wrongful conduct or threat of another to
enter into a contract under circumstances that
deprive the individual of his or her volition.
As a defense to a civil action, the federal
Rules of CIVIL PROCEDURE require that duress
be pleaded affirmatively.
Except with respect to HOMICIDE,a person
who is compelled to commit a crime by an
unlawful threat from another person to injure
him, her, or a third person, will generally not be
held responsible for its commission.
CROSS-REFERENCES
