Also known as: physically compel · physically compelled · physical compels · actual duress
Written by attorneys · grounded in primary & secondary sources — see below
Conduct that appears to manifest assent but is produced by physical force applied directly to a party's body when the party does not intend to perform the act. The resulting conduct is ineffective as a manifestation of assent and prevents contract formation.
Pavel Petrov met with a loan officer to discuss a guaranty. When Pavel hesitated, the officer grabbed his wrist, forced his hand onto the document, and guided the pen across the signature line while Pavel tried to pull away. The bank later attempted to enforce the guaranty against Pavel. Because the signature resulted from direct physical force rather than Pavel's own intent, no effective manifestation of assent occurred and no contract was formed.
Parker Phillips called his wife Pamela and their children to the kitchen table. He waved a large pair of scissors while berating Pamela about her refusal to sign a mortgage application. Pamela's hand was then physically moved to produce a signature on the document. Because the apparent assent was the product of physical compulsion, the mortgage lacked an effective manifestation of assent and was void.
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Physical compulsion occurs when one party literally moves another's body to produce apparent assent that the victim does not intend to give. Other forms of duress involve improper threats that induce a party to choose to sign, rendering the contract voidable rather than void. The distinction turns on whether the conduct itself is produced by force or by a threat that leaves no reasonable alternative.
No contract is formed. The law treats the compelled conduct as ineffective to create a manifestation of assent, so the agreement is void from the outset rather than merely voidable.
No. The rule focuses on whether the party intends to engage in the specific compelled conduct at the moment it occurs. Earlier expressions of general willingness do not convert a later physically forced act into effective assent.
The contract is void, not voidable. Because no manifestation of assent ever occurred, the agreement never came into existence and cannot be enforced by either party.