What does duress involve in contract law?

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Duress in contract law refers specifically to situations where a party is forced or coerced into entering a contract through the actual use of force or threats of physical harm. This means that for a contract to be deemed invalid due to duress, there must be evidence that one party applied pressure or intimidation that compromised the other party's free will.

The concept of duress emphasizes the lack of choice; if a party's consent is obtained through the intimidation of force, their agreement is not considered voluntary or informed. This principle upholds the fundamental notion that agreements should be made freely and without any form of compulsion.

While manipulation or financial pressure may influence decisions in negotiations, they do not meet the legal definition of duress unless they escalate to threats or actual physical force. Additionally, promising future benefits may also sway a party's decision but does not constitute duress, as it does not involve coercion or pressure that nullifies free will. Therefore, the focus on actual force in the definition of duress is essential in distinguishing legitimate contract agreements from those that are invalidated by coercive actions.

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