Also known as: physical force · coercion · duress · compulsion
Written by attorneys · grounded in primary & secondary sources — see below
A method of compelling conduct or obtaining apparent assent through the application of physical compulsion or threats that leave the target with no reasonable alternative. Such force or coercion renders the resulting act or manifestation of assent legally ineffective in contexts such as contract formation, confinement, donative transfers, and official seizures.
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Pearl Porter, facing foreclosure on her home, signed a deed transferring title to Premier Manufacturing after its agents threatened immediate eviction and withheld the discharge of debt unless she acted at once. The mortgagee later claimed the transfer was voluntary. A court examining the transaction found the threats left Porter with no reasonable choice, rendering the deed ineffective as a voluntary satisfaction of the debt.
Philip Powell, a lawyer, approached Pamela Phillips at her home and warned that her pending regulatory matter would worsen unless she retained him immediately. Phillips signed an engagement letter under the pressure. The disciplinary board later determined that the in-person contact involved coercion and harassment, violating the rule against such solicitations.
Pablo Perez held Priscilla Parks's hand and forced her to sign a contract while she repeatedly stated she did not want to agree. Parks later sought to avoid the contract. Because the signature resulted from physical compulsion rather than voluntary assent, the court held the document created no enforceable obligation.
Phoebe Park told Platinum Partners' security guard she wished to leave the storeroom. The guard replied that any attempt to exit would result in immediate physical restraint. Park remained inside until the guard relented. The court found the submission to the threat of force constituted confinement even without actual touching.
Precision Tools' owner threatened to ruin Pamela Phillips's business unless she immediately executed a will leaving her estate to the company. Phillips signed under the threat. After her death, the court invalidated the will because the donative transfer had been procured by duress.
Police officers chased Philip Powell on foot after he fled a traffic stop. Powell never stopped or submitted. Officers later argued that the pursuit alone effected a seizure. The court held that neither physical force nor submission to authority had occurred, so no seizure took place.
Physical compulsion that leaves a party with no intent to assent prevents the conduct from operating as a manifestation of assent. Threats that overcome free will similarly render the resulting agreement voidable by the victim.
Supporting sources
A deed in lieu must be voluntary and supported by consideration. Courts scrutinize such transfers for duress or unfairness. Coercion that removes the mortgagor's free choice prevents the deed from discharging the mortgage as intended.
…confessions.[^maj-6] The Commission on Civil Rights in 1961 found much evidence to indicate that "some policemen still resort to physical force to obtain confessions," 1961 Comm'n on Civil Rights Rep., Justice, pt. 5, 17. The use of physical brutality and violence is not, unfortunately, relegated to the past or to any part of the…
…decision. Whether the prospect of notification itself deters such women from seeking abortions, or whether the husband, through
…in, or consented to, respondent's conduct. Fourth, respondent's participation in the crimes was neither minor nor the result of duress or domination by an accomplice. Finally, respondent's age (26) could not be considered a factor in mitigation, especially when viewed in light of respondent's planning of the crimes and…
…v. Northwest Indian Cemetery Protective Assn. , 485 U. S. 439, 450 (1988) ("[T]his Court has repeatedly held that indirect coercion
…of power to enact laws that compel self-incrimination, even if complete immunity from prosecution is granted prior to the compulsion of the incriminatory testimony. In other words, petitioners assert that no immunity statute, however drawn, can afford a lawful basis for compelling incriminatory testimony. They ask us to…
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Confinement occurs when a person submits to a threat of immediate physical force if they attempt to leave the designated area. No actual touching is required. The credible threat alone suffices to establish the tort.
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A lawyer may not solicit employment if the contact involves coercion, duress, or harassment. Such conduct subjects the lawyer to discipline regardless of whether the target ultimately retains the lawyer.
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A donative transfer is invalid to the extent it was procured by duress. Duress exists when the wrongdoer threatened or performed a wrongful act that coerced the donor into making a transfer the donor would not otherwise have made.
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A seizure requires either the application of physical force by the officer or the suspect's submission to the officer's show of authority. Mere pursuit or an order to stop is insufficient without one of those elements.
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