Appellate Practice Attorney serving New York, NY
Duress means that you did not freely agree, but were rather compelled by some threat (either economic or physical) to enter into a contract. For example, if someone held a gun to your head and made you sign an agreement, the agreement would not be enforceable because you were compelled to sign by duress (barring any other factor, such as continuing to perform under the contract after the duress ended without seeking to have it invalidated). While it is not necessary for the duress to be so extreme as a gun to one's head, it is nevertheless very difficult to show duress sufficient to invalidate a contract. Hard bargaining or inconvenience will not be sufficient.
Answered on Jun 20th, 2013 at 3:42 PM