Defenses to Enforcement
One or both parties enter an agreement based on an incorrect understanding of a material fact
What is a mistake?
Threat of bodily harm to the party, their family, or property
What is physical duress?
As judged against a reasonable person, the victim had no other practical choice
What is no reasonable alternative?
A party abuses a position of trust or dominance to pressure another into an agreement
What is undue influence?
Threat of fear, guilt, or mental strain creating psychological pressure
What is Mental / Emotional Duress?
"But for". Without duress, the party would not have agreed to entering the contract
What is causation?
A party knowingly makes a false statement about a material fact and the other party reasonable relies on it
What is fraudulent misrepresentation?
Threat of serious economic hardship
What is economic duress?
For example, financial harm, withholding essential services, refusing payment owed, bad faith demands
What is wrongful threat?