If a Contract Is Accepted under Duress It Is Voidable by Either Party
If a contract is accepted under duress it is voidable by either party, and this is an important legal principle that protects individuals from being coerced into agreements that they don`t really want to make. This principle applies to all types of contracts, from employment agreements to rental leases and everything in between.
Under the duress doctrine, a contract is considered to be voidable if one party has been coerced into signing it. Duress can take many forms, including physical threats, threats of economic harm, or other forms of coercion that leave a person with no choice but to sign the contract. When this happens, the contract is said to have been entered into under duress, and either party has the right to rescind it.
One of the key elements of the duress doctrine is that the coercion must be sufficient to overcome the free will of the party being coerced. This means that the party must be under such duress that they cannot make an independent decision about whether or not to sign the contract. If the party is able to make an independent decision, then the contract is considered to be voluntary, even if they are under some pressure to sign.
Another important element of the duress doctrine is that it must be shown that the party being coerced had no reasonable alternative to signing the contract. This means that if the party had other options available to them, such as negotiating different terms or walking away from the deal altogether, then the duress doctrine may not apply.
Overall, the duress doctrine is an important tool for protecting individuals from being coerced into signing contracts against their will. It is important for all parties to be aware of their rights under this doctrine, and to seek legal advice if they believe that they have been coerced into signing a contract under duress. By doing so, they can help to ensure that they are not unfairly bound by agreements that they never truly wanted to make.
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