Legal Dictionary
Main Entry:
du·ressPronunciation:
du-'res, dyu-Function:
nounEtymology: Anglo-French
duresce, literally, hardness, harshness, from Old French, from Latin
duritia, from
durus hard
: wrongful and usually unlawful compulsion (as threats of physical violence) that induces a person to act against his or her will
: COERCION;
also : the affirmative defense of having acted under duress —see also
ECONOMIC DURESS —compare
NECESSITY,
UNDUE INFLUENCE NOTE: A person may be able to avoid the consequences of his or her acts under the law if they were performed while under duress. For example, a contract made under duress is voidable by the coerced party. Similarly, a will signed under duress is invalid. Duress may also be used to justify a criminal act. A threat to bring a lawsuit is not duress.