What is the Difference Between Duress and Undue Influence?
🆚 Go to Comparative Table 🆚Duress and undue influence are both defenses in contract law that can be used to avoid enforcement of a contract, but they differ in the nature of the pressure or coercion involved.
Duress involves a direct threat, often physical, that forces a person to enter into a contract against their will. The key differentiating factor is that duress is based on a threat, while undue influence is based on a relationship that has been exploited. Physical duress, such as a threat of bodily harm, renders a contract void, while improper threats, such as threats to commit a crime or a tort, make the contract voidable.
Undue Influence is taking advantage of another person through a position of trust in the formation of a contract. It is characterized by excessive pressure by the party in a dominant position on the party in an inferior position, affecting the person's freedom of choice. Undue influence always involves a relationship between the two parties and is not based on a direct threat. It makes a contract voidable by the person in the inferior position.
In summary, the main differences between duress and undue influence are:
- Duress is based on a threat, while undue influence is based on a relationship that has been exploited.
- Duress involves direct threats, while undue influence involves excessive pressure without a direct threat.
- Duress makes a contract void if it involves a threat of bodily harm, and voidable if it involves improper threats. Undue influence, on the other hand, makes a contract voidable, regardless of the nature of the exploited relationship.
Comparative Table: Duress vs Undue Influence
Here is a table comparing the differences between duress and undue influence:
Feature | Duress | Undue Influence |
---|---|---|
Definition | Duress is wrongful pressure exerted upon a person in order to coerce that person into a contract. It involves the intentional use of force or threat of force to induce the contract, either physical or mental coercion. | Undue influence is taking advantage of another person through a position of trust in the formation of a contract. It involves excessive pressure by the party in the dominant position on the party in the inferior position, making the contract voidable by the person in the inferior position. |
Nature of Pressure | Involves direct threats, violence, or physical force. | Involves manipulation, persuasion, or excessive pressure without direct threats. |
Relationship Between Parties | Does not require a preexisting relationship between the parties. | Requires a relationship between the two parties, with one party in a superior position over the other. |
Legal Implications | A contract induced by physical duress is void, while a contract induced by improper threats (another type of duress) is voidable. | Contracts induced by undue influence are voidable. |
Examples | Physical abuse, hitting the victim until they give the abuser valuable jewelry. | Withholding affection by an abusive spouse unless the spouse is given valuable jewelry. |
In summary, the main difference between duress and undue influence is the nature of the pressure exerted on a person to enter into a contract. Duress involves direct threats or violence, while undue influence involves more subtle forms of persuasion or manipulation through a position of trust.
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- Constraint vs Restraint
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- Consent vs Assent
- Injunction vs Restraining Order