Also known as: duress defense · duress
Written by attorneys · grounded in primary & secondary sources — see below
A defense that excuses criminal liability or invalidates a transaction when a party's conduct or manifestation of assent results from an improper threat or physical compulsion that leaves no reasonable alternative. The threat must be of imminent death or serious bodily injury in criminal contexts or must overcome free will in civil contexts. The defense fails if the actor recklessly placed themselves in the situation or if the crime involves intentional killing of an innocent person.
Doris Duffy faced foreclosure on her farm after missing payments to Dover Bank. The bank's officer threatened to seize all equipment immediately unless Doris signed a deed in lieu of foreclosure on the spot. Doris signed to avoid losing her livelihood. A court later scrutinized the transfer and found duress because the threat left Doris no reasonable alternative, rendering the deed ineffective.
Demetrius Douglas approached grieving families outside a hospital after a publicized accident. He blocked their path and insisted they sign retainer agreements immediately or lose all recovery rights. The families felt trapped and signed under the pressure. The conduct violated professional rules because the solicitation involved duress and harassment toward vulnerable targets.
Select any source to read its text and confirm it supports the definition.
Derek Douglas refused to sign a revised purchase agreement at Decker Electronics. The seller grabbed his wrist and physically forced the pen into his hand while he verbally objected. The resulting document contained terms Derek had rejected moments earlier. Because the signature was physically compelled by duress, it created no effective manifestation of assent.
Dylan Duffy's caregiver threatened to abandon him without medical care unless he changed his will to leave everything to the caregiver. Dylan signed the new will to avoid the threatened harm. The donative transfer is invalid because it was procured by duress that overcame the donor's free will.
Dominic Drake's fiancée threatened to cancel the wedding and publicize private information unless he signed a premarital agreement waiving all marital rights. Dominic signed minutes before the ceremony with no time to consult counsel. The agreement is unenforceable because his consent was the result of duress.
Deanna Davenport offered a will for probate that left her entire estate to a neighbor. Heirs contested the will, claiming the neighbor had threatened to harm Deanna's pets unless she signed. The contestants bear the burden of establishing duress to invalidate the will.
The defendant must prove an unlawful threat that caused a reasonable belief that the only way to avoid imminent death or serious bodily injury was to commit the crime, and that the threat actually caused the criminal conduct. The defense is unavailable for intentional killing of an innocent person or when the defendant recklessly placed themselves in the situation.
Physical compulsion renders any apparent assent ineffective as a manifestation of assent because the party did not intend the conduct at all. Threat-based duress makes the contract voidable when an improper threat leaves the victim with no reasonable alternative, allowing rescission at the victim's election.
Yes. A donative transfer is invalid to the extent procured by duress when a wrongdoer threatens or performs a wrongful act that coerces the donor into making a transfer the donor would not otherwise have made.
The defense is unavailable if the actor recklessly placed themselves in a situation where duress was probable, or if the crime is intentional killing of an innocent third person.
…for a spell of several hours pausing only for the subject's necessities in acknowledgment of the need to avoid a charge of duress that can be technically substantiated. In a serious case, the interrogation may continue for days, with the required intervals for food and sleep, but with no respite from the atmosphere of…