Unlawful pressure or coercion used to force someone to act against their will, which can make contracts voidable or serve as a defense to criminal charges. It involves threats of harm that would cause a reasonable person to fear for their safety or well-being.
From Old French 'duresse' and Latin 'duritia' meaning 'hardness' or 'harshness.' The legal concept evolved from medieval times when physical coercion was more common, expanding to include economic and emotional pressure.
Duress is the law's recognition that sometimes people make 'choices' that aren't really choices at all! Interestingly, duress typically requires the threat to be immediate - a threat to harm someone next week usually isn't enough, because the person could theoretically seek help in the meantime.
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