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Guilherme Mazui

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What is the Difference Between Duress and Undue Influence?

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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.
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  • What is the Difference Between Duress and Undue Influence?
  • Comparative Table: Duress vs Undue Influence

    • 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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    Guilherme Mazui

    Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.