What is the effect of a contract made under duress?

A contract made under duress is considered voidable. This means that the party who was subjected to the duress has the option to either affirm the contract or rescind it. Duress occurs when one party is forced into an agreement through threats, coercion, or intimidation, undermining their free will to enter into the contract.

In instances of duress, the law recognizes that the harmed party did not enter the contract voluntarily, as their consent was obtained through pressure or fear rather than mutual agreement. Therefore, the affected party can choose to declare the contract voidable, allowing them the opportunity to exit the agreement if they wish.

This understanding of voidability underscores the importance of voluntary, informed consent in contract law. If an agreement was made under circumstances that compromised an individual's ability to make free choices, the law provides them a recourse to protect their interests, thus reinforcing the concept of fair and equitable dealings in contracts.