Also known as: force and threat of force · force/threat of force · duress · coercion
Written by attorneys · grounded in primary & secondary sources — see below
Physical compulsion or a communicated intention to inflict bodily harm that overcomes resistance or compels compliance. The element requires an objective showing that the actor employed or threatened unlawful force sufficient to induce submission.
Floyd Franklin faced foreclosure on his home. The mortgagee threatened to seize the property immediately unless Floyd signed a deed in lieu transferring title. Floyd signed to avoid the seizure. The presence of the threat of force rendered the transfer involuntary and subject to scrutiny for duress.
A lawyer approached Flora Ford at her home and demanded she hire him for an upcoming matter. When Flora refused, the lawyer threatened physical harm to her family if she did not sign the retainer. The threat of force made the solicitation coercive and prohibited.
Select any source to read its text and confirm it supports the definition.
Felipe Figueroa refused to sign a sales agreement. The seller grabbed his hand and forced the pen onto the paper while Felipe verbally objected. The physical force prevented any effective manifestation of assent.
Faye Fuller threatened to harm her elderly uncle unless he changed his will to include her. The uncle signed the new will to avoid the threatened injury. The threat of force invalidated the donative transfer.
Fiona Foster confessed after experiencing hallucinations from mental illness. No officer applied force or threatened harm. The absence of official force or threat of force left the confession voluntary under due process.
Frontier Capital's CEO threatened physical harm to Fatima Flores unless she signed a premarital agreement waiving marital rights. Fatima signed to avoid the threatened injury. The threat of force rendered her consent involuntary.
The prosecution must show that the defendant used physical compulsion or communicated an intention to inflict bodily harm sufficient to overcome the victim's resistance or will. Mere verbal pressure without a threat of unlawful force does not satisfy the element.
No. The element requires either actual physical force or a threat of physical harm. Purely psychological tactics without an accompanying threat of unlawful force fall short of the standard.
When one party physically compels the other's signature or threatens unlawful harm to obtain assent, the resulting manifestation is ineffective. The contract is voidable or nonexistent because the assent was not voluntary.
Generally no. The threat must involve unlawful physical force or a crime or tort involving bodily harm. A good-faith threat of civil suit does not meet the standard unless made in bad faith to coerce assent.
…factors are considered herein as particularly important: (1) the existence of evidence of the use of physical and psychological coercion to obtain confessions, and (2) the necessity for procedural safeguards to protect the privilege against self-incrimination. II We sometimes forget how long it has taken to establish…