Duress
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether the contract was entered into under duress.
Analysis
R: Duress occurs when one party’s assent to a contract is induced by (1) an improper threat that (2) deprives the party of a reasonable alternative, effectively removing meaningful choice.
1. Improper Threat
R: A threat is deemed improper if it involves (1) actions that would be criminal or tortious if carried out, (2) bad-faith use of civil or criminal process, or (3) a breach of the duty of good faith and fair dealing. The nature of the threat is examined based on its intent and the legitimacy of its purpose, focusing on whether it aims to coerce compliance unfairly.
A: Here, [apply rule to facts].
C: Therefore, there [was/was not] an improper threat.
2. Deprivation of Meaningful Choice
R: A party’s assent is considered deprived of meaningful choice if the improper threat leaves them without a reasonable alternative, effectively compelling them to agree. This element is typically evaluated from the victim’s perspective, looking at whether the threat genuinely induced the party’s assent given their specific situation.
A: Here, [apply rule to facts].
C: Therefore, improper threat [did/did not] meaningfully deprive [the party] of choice.
Conclusion
C: Therefore, the contract [was/was not] entered into under duress.
Contract Implications
R: Contracts formed under duress differ in validity based on the type of coercion. If the duress involves physical compulsion, the contract is void because there was no genuine consent. However, if the duress stems from non-physical threats (such as economic threats or bad-faith actions), the contract is voidable by the affected party, allowing them to rescind the agreement if they choose.
A: Here, [apply rule to facts].
C: Therefore, the contract [is/is not] [void/voidable].
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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