Duress

Question 1

Threat

Answer 1

Manifestation of INTENT to:
INFLICT HARM, or LOSS on another person.
(May be expressed in words or inferred from conduct)

Question 2

Improper / WRONGFUL

Answer 2

• Threats to Commit a Crime / Tort
• Threats of Criminal Prosecution
• Threats of Civil Litigation in Bad Faith.
• Threats Not to Perform a contract if made in BAD FAITH.

Question 3

LACK OF REASONABLE ALTERNATIVES

Examples

Answer 3

Examples:
1) Filing a lawsuit
2) Finding Alternative sources for goods, services, funds, etc... 
(commercial Context)
3) Toleration of a Threat.

Question 4

Facts that Establish the Threat INDUCED a PARTY TO AGREE

Answer 4

1) Threat Must SUBSTANTIALLY CONTRIBUTE TO ASSENT.

2) CAUSAL LINK

Question 5

ECONOMIC DURESS

Answer 5

1) Improper / Wrongful
2) Threat
3) ABSENCE OF A REASONABLE ALTERNATIVE
4) Threat INDUCED party into Contract
- Must Substantially Contribute to assent
(Subjective, Party’s Perspective)o