1. Duress by Threat of Physical Harm:
* This is the most obvious type of duress, where a person is forced to enter into a contract or take an action under threat of physical violence or injury to themselves or someone they care about.
* Example: A person signs a contract to sell their property at a significantly below-market price because they fear the buyer will harm their family if they refuse.
2. Duress by Threat of Economic Harm:
* This type of duress involves threats to a person's financial well-being or business interests.
* Example: A supplier threatens to withhold vital materials unless a company agrees to pay a higher price.
3. Duress of Goods:
* This involves the wrongful detention or threatened detention of a person's property.
* Example: A person's car is towed and the towing company refuses to release it unless the person signs a contract to pay an exorbitant towing fee.
4. Duress by Improper Means:
* This involves a broader category of threats that go beyond physical or economic harm. It includes threats of legal action, threats of social or reputational damage, or threats to breach a contract for an improper purpose.
* Example: A company threatens to sue a former employee for breach of contract unless they sign a non-compete agreement.
5. Duress of Person:
* This is similar to duress by threat of physical harm but focuses on threats to a person's mental or emotional well-being.
* Example: A person is threatened with psychological harm or manipulation if they do not agree to a contract.
Key Elements of Duress:
To establish a successful duress claim, the following elements must be proven:
* A threat: There must be a threat of harm, whether physical, economic, or otherwise.
* Illegitimate Pressure: The threat must be illegitimate, meaning it is not justified by the circumstances.
* Causation: The threat must have caused the person to enter into the contract or take the action.
* No Reasonable Alternative: The person must have had no reasonable alternative to agreeing to the contract or taking the action.
Important Considerations:
* The burden of proof is on the person claiming duress.
* The court will assess the totality of the circumstances to determine whether duress was present.
* Duress is a serious claim and can be difficult to prove. It is important to consult with a lawyer if you believe you have been a victim of duress.
Remember, the specific legal requirements for a duress claim can vary depending on the jurisdiction.