Also known as: procure by fraud or duress · procuring by fraud or duress · obtained by fraud or duress · fraud or duress
Written by attorneys · grounded in primary & secondary sources — see below
Consent to possession of a chattel obtained through deception or coercion, rendering the consent ineffective to bar recovery for trespass to chattel or conversion.
Patrick Phan tells Piper Patel he wants to inspect a rare watch before purchasing it. Patel hands over the watch for examination. Phan immediately runs off with it. Patel sues for trespass to chattel. The court finds the transfer of possession ineffective because it was procured by fraud.
Pilar Pena allows Premier Manufacturing to borrow her specialized drill after the company falsely promises to return it the next day. Premier keeps the drill for weeks and refuses to return it. Pena sues for conversion. The court holds that the consent is ineffective because it was procured by fraud, allowing recovery against the company.
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Pierre Poulin tells Paula Pierce he needs help with a staged fall for a video and asks her to stand in a certain spot. He then pushes her to the ground. Pierce sues for battery. The court determines that any apparent consent is ineffective because it was procured by fraud.
Precision Tools pressures Pinnacle Holdings into signing an arbitration clause by threatening to withhold essential parts shipments. Pinnacle later sues to avoid the clause. The court examines whether the agreement is unenforceable because consent was procured by duress.
Platinum Partners conditions employment on employees signing an arbitration agreement with a class waiver. Employees later argue the waiver is invalid. The court considers whether the agreement is unenforceable because assent was procured by duress.
A consumer signs a cell phone contract containing an arbitration clause after the company misrepresents its terms. The consumer later seeks to litigate a claim in court. The court evaluates whether the clause is unenforceable because the consumer's consent was procured by fraud.
Consent to contact is ineffective if obtained through fraud or duress. This allows a battery claim to proceed even when the plaintiff appeared to agree to the contact.
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A marriage is voidable when one party's apparent consent results from threats or coercion that overbear free will. The coerced spouse may obtain an annulment on that ground.
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A signed release discharges the duty unless it was procured by fraud or duress. Courts will not enforce a release obtained through such improper means.
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Arbitration agreements are subject to generally applicable contract defenses. They may be invalidated if consent was procured by fraud or duress.
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…to the other or a third person, and “(b) the contact is not consented to by the other or the other’s consent thereto is procured by fraud or duress, and “ (c) the contact is not otherwise privileged.” We have in this case no question of consent or privilege. We therefore proceed to an immediate consideration of intent and its place…